852 So. 2d 1069 - State v. Billard’s Empirical Analysis

Citation profile

18 state decisions

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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Both the Louisiana Supreme Court and this Court have consistently held that a motion to quash is, essentially, a mechanism to urge pre-trial pleas, i.e. pleas which do not go to the merits of the charge. State v. Byrd , 96-2302 (La. 3/13/98), 708 So.2d 401 , 411, cert. denied, 525 U.S. 876 , 119 S.Ct. 179 , 142 L.Ed.2d 146 (1998) ; State v. Billard , 03-319 (La.App. 5 Cir. 7/29/03) , 852 So.2d 1069 , 1074, writ denied , 03-2437 (La. 2/6/04), 865 So.2d 739 . At a hearing on such a motion, evidence is limited to procedural matters and the question of factual guilt or innocence is not before the court. Billard, supra. A court considering a motion to quash must accept as true the facts contained in the bill of information and in the bill of particulars, and determine as a matter of law from the face of the pleadings whether a crime has been charged. Id. While evidence may be adduced on the motion to quash, such evidence may not include a defense on the merits. State v. Byrd, 708 So.2d at 411 . The question of factual guilt or innocence of the offense charged is not raised by the motion to quash. Billard, supra.”

   1 later decision quote this exact passage
   e.g. 241 So. 3d 1060 - State v. Stafford

2. “the taking of anything of value belonging to another from the person of another or that is in the immediate control of another, by use of force or intimidation, while armed with a dangerous weapon.”

   1 later decision quote this exact passage
   e.g. 875 So. 2d 934 - State v. Peden