910 So. 2d 977 - State v. Leonard’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A]t a minimum testimonial statements include: “prior testimony at a preliminary hearing, before a grand jury, or at a former trial; and police interrogations.” State v. Leonard, 05-42, p. 19 (La.App. 5 Cir. 7/26/05), 910 So.2d 977, 989 , citing Crawford, supra, 124 S.Ct. at 1374 . The Crawford Court stated that “testimony” is “[a] solemn declaration or affirmation made for the purpose, of establishing or proving some fact.” State v. Leonard, 05-42 at 19-20, 910 So.2d at 989 , citing Crawford, supra, 124 S.Ct. at 1364 . According to the Supreme Court, an accuser making a formal statement to government officials bears testimony in a sense that a person making a casual remark to an acquaintance does not. Id. As examples of testimonial statements, the Crawford Court lists affidavits, custodial examinations, depositions, prior testimony, confessions, or similar pretrial statements that declarants would reasonably expect to be used in a prosecution. The Supreme Court also refers to statements that were made under circumstances that would lead an objective witness reasonably to believe that the statement would be available for use at a later trial.”

   2 later decisions quote this exact passage
   e.g. 109 So. 3d 394 - State v. Placide · State v. Kelly

2. “The following are not excluded by the hearsay rule, even though the declarant is available as a witness: [[Image here]] 3) Then existing mental, emotional, or physical condition. A statement of the declarant’s then existing state of mind, emotion, sensation, or physical condition (such as intent, plan, motive, design, mental feeling, pain, and bodily health), offered to prove the declarant’s then existing condition or his future action”

   1 later decision quote this exact passage
   e.g. 2 So. 3d 470 - State v. Parks

3. “The need for this type of evidence in a homicide case is apparent. The victim is dead. In many instances, the jury must determine the facts from a mosaic of circumstantial evidence. This is true in the present case. We conclude that the statement was properly admitted in evidence.”

   1 later decision quote this exact passage
   e.g. 2 So. 3d 470 - State v. Parks