845 So. 2d 1249 - State v. Simmons’s Empirical Analysis
2003
Citation profile
16
cited by 16 later decisions
1
states following
April 2012
most recently cited
16 state decisions
Relationships
Relies on Jackson v. Virginia · Kyles v. Whitley · State v. Oliveaux · State v. Weiland · 523 So. 2d 1305 - State v. Mussall
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Louisiana’s criminal discovery rules are intended to eliminate unwarranted prejudice arising from surprise testimony and evidence, to permit the defense to respond to the State’s case, and to allow a proper assessment of the strength of the State’s case. La.C.Cr.P. arts. 716-729; State v. Brazley, 97-2987, p. 3 (La.10/14/98) [ (La.9/25/98) ], 721 So.2d 841, 842 ; State v. Dennis, 00-182, p. 10 (La.App. 5 Cir. 12/14/00) [ (La.App. 5 Cir. 12/13/00)], 777 So.2d 569, 572 , writ denied, 01-0163 (La.11/21/01), 802 So.2d 629 . La.C.Cr.P. art. 718 provides for discovery of documents and tangible evidence, including photographs, which are within the possession, custody, or control of the state when items sought are (1) favorable to the defendant and material and relevant to guilt or punishment; (2) are intended for use by the state as evidence at trial; or (3) were obtained from or belong to the defendant. State v. Ray, 423 So.2d 1116, 1118 (La.1982); State v. Ware, 01-194, p. 15 (La.App. 5 Cir. 8/28/01), 795 So.2d 495, 502 . Discovery is not limited to what is contained in the district attorney’s file. State v. Lee, 531 So.2d 254 (La.1988). 114The State has a continuing duty of disclosure and if the State, subsequent to ordered disclosure, discovers additional evidence or decides to use a particular item as evidence at trial, the State has a continuing duty to notify the defendant of the evidence and of its intended use at trial. La.C.Cr.P. art. 729.3; State v. Williams, 448 So.2d 65”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.