91 So. 3d 504 - State v. Duncan’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “This Court explained our application of the law-of-the-case doctrine in State v. Duncan, 11-0563, p. 26 (La.App. 4 Cir. 5/2/12), 91 So.3d 504 , 521, as follows: Under the law-of-the-case doctrine, courts of appeal generally refuse to reconsider their own rulings of law on a subsequent appeal in the same case. Pitre v. Louisiana Tech University, 95-1466, p. 7 (La. 5/10/96), 673 So.2d 585 , 589. This court has stated that an appellate court will not reverse its pretrial determinations unless the defendant presents new evidence tending to show that the decision was patently erroneous and produced an unjust result. State v. Gillet, 99-2474, p. 5 (La.App. 4 Cir. 5/10/00), 763 So.2d 725 , 728. The law of the case? [sic] doctrine applies to all prior rulings or decisions of an appellate court or the Supreme Court in the same case, not merely those arising from the full appeal process. State v. Molineux, 11-0275, p. 3 (La.App. 4 Cir. 10/19/11), 76 So.3d 617 , 619. Our application of the law of the case doctrine is discretionary, and this court will generally not follow the doctrine if the defendant can show that the prior ruling was clearly erroneous or produced an unjust result. [Citations omitted.] 79”

   5 later decisions quote this exact passage
   e.g. 136 So. 3d 1010 - State v. Robertson · 156 So. 3d 96 - State ex rel. A.S.

2. “A statement of identification by a witness of a person after perceiving him— as contemplated by La. C.E. art. 801(D)(1)(c) — may be used assertively, as substantive evidence of guilt, and may be established through the testimony of the person to whom the statement was made, even if the witness denies making an identification or fails to make an in-court identification. State v. Stokes, 2001-2564, p. 1 (La.9/20/02), 829 So.2d 1009, 1010 , citing State v. Johnson, 99-3462, pp. 2-3 (La.11/3/00), 774 So.2d 79, 80-81 . See also State v. Collins, 2001-1459 (La.App. 4 Cir. 8/21/02) , 826 So.2d 598 , citing and following Johnson on the issue of the admissibility of a prior inconsistent statement by a witness that was one of the identification of a person made after perceiving him, pursuant to La. C.E. art. 801(D)(1)(c). In Johnson , the Louisiana Supreme Court directly addressed the impact of La. C.E. art. 801(D)(1)(c) on the general rule that a witness’s prior inconsistent statement is not admissible as substantive evidence, stating that “[a]n exception to this general rule exists for cases in which the witness’s prior inconsistent statement also constitutes a prior statement of identification for purposes of La. C.E. art. 801(D)(1)(c), Louisiana’s counterpart of Fed. R.Evid. 801(d)(1)(c).” (Emphasis added). Johnson , 99-3462, p. 2, 774 So.2d at 80 .”

   1 later decision quote this exact passage
   e.g. 107 So. 3d 675 - State v. Joyner

3. “If a defendant is convicted of a felony, at least three days shall elapse between conviction and sentence. 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. 133 So. 3d 148 - State v. Augustine