901 So. 2d 1171 - State v. Williams’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In State v. Collins, 584 So.2d 356 (La. App. 4th Cir.1991), this Court discussed the Augustine case as follows: In State v. Augustine, 555 So.2d 1331 (La.1990), the Supreme Court held that the trial court's failure to observe the twenty-four hour delay did not constitute harmless error, even if the defendant did not raise that issue as error on appeal, where the defendant challenged his sentence on appeal. In the present case, defendant does not challenge his sentence and he does' not raise as error the failure of the trial court to wait twenty-four hours before imposing sentence. Therefore, this error is harmless. In State v. Seals, 95-0305 (La.11/25/96), 684 So.2d 368 , the Louisiana Supreme Court distinguished that case because of the mandatory nature of the death sentence in the first, degree murder case, and the fact that no prejudice could be shown for the failure to wait twenty-four hours before sentencing. The Court held: "Absent a showing that prejudice resulted from the failure to afford the statutory delay, reversal of the prematurely imposed sentence is not required." Id., at p. 17, 684 So.2d at 380 . Where the sentence to be imposed is mandatory and not within the trial court's discretion, this Court has held that the failure to observe the delays in sentencing is harmless error. State v. Davis, 2002-2061, p. 14 (La.App. 4 Cir. 10/8/03), 859 So.2d 776, 784 ; State v. Allen, 94-1895 (La. App. 4 Cir. 9/15/95), 661 So.2d 1078, 1083 . If the defendant has not challen”

   1 later decision quote this exact passage
   e.g. 977 So. 2d 1074 - State v. Stovall

2. “If a motion for a new trial, or in arrest of judgment, is filed, sentence shall not be imposed until at least twenty-four hours after the motion is overruled. If the defendant expressly waives a delay provided for in this article or pleads guilty, sentence may be imposed immediately.”

   1 later decision quote this exact passage
   e.g. 977 So. 2d 1074 - State v. Stovall