915 So. 2d 807 - State v. Thibodeaux’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If the defendant is convicted of two or more offenses based on the same act or transaction, or constituting parts of a common scheme or plan, the terms of imprisonment shall be served concurrently unless the court expressly directs that some or all be served consecutively. Other sentences of imprisonment shall be served consecutively unless the court expressly directs that some or all of them be served concurrently. In the case of the concurrent sentence, the judge shall specify, and the court minutes shall reflect, the date from which the sentences are to run concurrently.”

   2 later decisions quote this exact passage
   e.g. State v. HB · State v. H.B.

2. “The record indicates that [the defendant] was fifty-seven years of age at the time of the sentencing with no prior convictions or arrests. The Pre-Sén-tence Investigation Report recommended the defendant be sentenced to three years of imprisonment at hard labor. A substantial body of case law indicates the defendant, a first felony offender whose actions constituted a common scheme, should have been sentenced to concurrent rather than consecutive ■ sentences. ■ Although the trial court filed extensive reasons for the sentencing in this matter, we find the reasons- inadequate to justify the.-imposition of -consecutive sentences .herein. Thus, we vacate the consecutive sentences imposed herein and remand for resentenc-ing in accordance with the views .herein expressed. ,. ;■”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Simpson

3. “Consecutive sentences for convictions stemming from a common scheme or plan require particular justification.”

   1 later decision quote this exact passage
   e.g. State v. HB