Public-domain · open source
OpenJurist
← 902 SO2D 1190 - State v. Burford

State v. Burford’s Empirical Analysis

2005

Citation profile

13
cited by 13 later decisions
2
states following
April 2019
most recently cited

13 state decisions

Relationships

Relies on Apprendi v. New Jersey · Blakely v. Washington · Ring v. Arizona · State v. Dorthey · 384 So. 2d 355 - State v. Bonanno

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

  1. “Blakely does not apply in this case. The court relied on a presentence investigation pursuant to La. C. Cr. P. art. 875 to aid in sentencing. The defendant’s arguments are patently inapplicable in this case since Blakely v. Washington, supra, only applies where the trial court uses facts outside the guilty plea to increase a defendant’s sentence beyond the statutory maximum in the offense submitted to a jury. In the present case, Gretchen Burford pled guilty to attempted second degree robbery that carried a statutory maximum sentence of 49$ years. Her 30-year sentence was 19 years under the statutory maximum that would have been considered by a jury for that offense. 902 So.2d at 1199 (citations omitted).”
    1 later decision quote this exact passage
  2. “There is no statutory mandatory minimum sentence in cases involving attempted offenses under La. R.S. 14:27.”
    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.