State v. Olivier’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “B. When the amount misapplied is one thousand dollars or less, whoever violates the provisions of this Section shall be fined not less than- one hundred dollars nor more than five hundred dollars, or imprisoned for not less than ninety days nor more than six months, or both. C. When the amount misapplied is greater than one thousand dollars, whoever violates this Section shall be fined not less than one hundred dollars nor more than five hundred dollars, or imprisoned with or without hard labor for not less than ninety days nor more than six months, or both, for each one thousand dollars in misapplied funds, provided that the aggregate imprisonment shall not exceed five years.”

   2 later decisions quote this exact passage
   e.g. State v. KENNISTON · 94 So. 3d 62 - State v. Toussaint

2. “[T]he penalty for a violation of La.R.S. 14:202 is determined based on the total amount misapplied. The bill of information in the case at bar does not specify whether the Defendant was charged under section (B) or (C) of La.R.S. 14:202. Although value was discussed at trial and the jury returned a verdict finding a specific value, the bill of information did not properly charge the grade of the offense. * * * While La.Code.Crim.P. art. 470 does not require that an indictment include a specific monetary value, the allegations in the indictment must be sufficient to determine the grade of the offense.”

   2 later decisions quote this exact passage
   e.g. State v. KENNISTON · 940 So. 2d 135 - State v. Spears

3. “JACK S. SPEARS committed the offense of misapplication of payments, as set forth in R.S. 14:202, in that he did, being a contractor, receive money on account of a contract with RICHARD KIRKHAM, JR. AND KAREN MICHELLE WALKER, for the construction or improvements of a building and did knowingly fail to apply the money received as necessary to settle claims for materials and labor due the construction or under the contract, said misapplication being greater than $10,000.”

   2 later decisions quote this exact passage
   e.g. 94 So. 3d 62 - State v. Toussaint · 940 So. 2d 135 - State v. Spears