State v. Gauthier’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In [State v.] Nicholson, 315 So.2d 639 [ (La.1975) ], the supreme court set limits to the instructions that a trial judge can give to a jury after the jury announces it cannot reach a verdict. In Nicholson , the court held when a trial court gives a deadlocked jury an instruction that rises to the level of being an “Allen charge” or any “coercive modification” of an Allen charge, the trial court has committed reversible error. The Allen charge originated in Allen v. United States, 164 U.S. 492 , 17 S.Ct. 154 , 41 L.Ed. 528 (1896), where the United States Supreme Court approved a charge designed to break a jury deadlock and accomplish jury unanimity. One characteristic of an Allen charge is an admonition to the jurors in the minority to reconsider their opinion in favor of the majority in order to reach a decision. State v. Schamburge, 344 So.2d 997 (La.1977); State v. Washington, 93-2221 (La.App. 1 Cir. 11/10/94) ; 646 So.2d 448 ; State v. Caston, 561 So.2d 941 (La.App. 2 Cir.1990); State v. Campbell, 606 So.2d 38 (La.App. 4 Cir.1992). A second characteristic is the trial court implying to the jury that it must reach a decision because the trial court will not accept a mistrial. Id. The Louisiana Supreme Court has banned the use of Allen charges and “modified” Allen charges to ensure that juror verdicts are not the product of coercion. Schamburge, 344 So.2d 997 ; Nicholson, 315 So.2d 639 . “When the duty to reach a verdict is coupled with the trial court’s admonition that tho”

   2 later decisions quote this exact passage
   e.g. State v. Anders · 34 So. 3d 977 - State v. Sumrall

2. “THE COURT: All right, Ladies and Gentlemen, as you are aware there’s been another note that we have received. The question says, “our options?” Is there a hung jury (or mistrial) or not guilty? Because there’s no space for hung jury. Is it the same? Signed Richard A. Hilton. Anything from the State? I think if he’s asking — if | )f,I had to read it I think he’s asking indicating that they may be at some type of impasse to be quite candid. But then there’s a question as to is there something on the form that they should fill out if that’s the situation. [[Image here]] THE COURT: Ladies and Gentlemen, I’ve reviewed the note that’s been presented to the Court. At this time I would like to make an additional instruction just as an attempt to see if we can get the matter resolved. I want you — I have this additional instruction for you to consider and to act on. I want you to realize that this is an important case and I am going to send you back into the deliberation room for another 30 minutes. I am going to try and urge you to come to some kind of agreement. Do not, however, surrender your individual opinions just to reach a verdict. But do consider the other jurors views whether you’re in the minority or in the majority with regard to the issue that you’re considering. Please consider each other’s views and weigh it against your own conclusions. And I am going to ask that you go back for 30 more minutes and attempt to deliberate to see if we can reach an — reach this impasse. A”

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

3. “[T]he court's prior review of the issue does not automatically preclude its review on appeal. The supreme court has explained: When this court considers questions of admissibility of evidence in advance of trial by granting a pretrial application for supervisory writs (rather than deferring judgment until an appeal in the event of conviction), the determination of admissibility does not absolutely preclude a different decision on appeal, at which time the issues may have been more clearly framed by the evidence adduced at trial. Nevertheless, judicial efficiency demands that this court accord great deference to its pretrial decisions on admissibility, unless it is apparent, in light of the subsequent trial record, that the determination was patently erroneous and produced an unjust result. State v. Humphrey, 412 So.2d 507, 523 (La.1981).”

   1 later decision quote this exact passage
   e.g. 968 So. 2d 146 - State v. Desoto