92 So. 3d 1243 - State v. Jackson’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “La. Const, art. I, § 20 guarantees that, “[n]o law shall subject any person to cruel or unusual punishment.” To constitute an excessive sentence, the reviewing court must find the penalty so grossly disproportionate to the severity of the crime as to shock our sense of justice or that the sentence makes no measurable contribution to acceptable penal goals and is, therefore, nothing more than a needless imposition of pain and suffering. State v. Campbell, 404 So.2d 1205 (La.1981). The trial court has wide discretion in the imposition of sentence within the statutory limits and such sentence shall not be set aside as excessive absent a manifest abuse of discretion. State v. Etienne, 99-192 (La.App. 3 Cir. 10/13/99) ; 746 So.2d 124 , writ denied, 00-0165 (La.6/30/00); 765 So.2d 1067 . The relevant question is whether the trial court abused its broad sentencing discretion, not whether another sentence might have been more appropriate. State v. Cook, 95-2784 (La.5/31/96); 674 So.2d 957 , cert. denied, 519 U.S. 1043 , 117 S.Ct. 615 , 136 L.Ed.2d 539 (1996). State v. Barling, 00-1241, 00-1591, p. 12 (La.App. 3 Cir. 1/31/01), 779 So.2d 1035, 1042-43 , writ denied, 01-838 (La.2/1/02), 808 So.2d 331 . To decide whether a- sentence shocks one’s sense of justice or makes no meaningful contribution to acceptable penal goals, this court has held: [A]n appellate court may consider several factors including the nature of the offense, the circumstances of the offender, the legislative purpose”

   1 later decision quote this exact passage
   e.g. 164 So. 3d 419 - State v. Cormier

2. “[A]n appellate court may consider several factors including the nature of the offense, the circumstances of the offender, the legislative purpose behind the punishment and a comparison of the sentences imposed for similar crimes. State v. Smith, 99-0606 (La.7/6/00), 766 So.2d 501 . While a comparison of sentences imposed for similar crimes may provide some insight, “it is well settled that sentences must be individualized to the particular offender and to the particular offense committed.” State v. Batiste, 594 So.2d 1 (LaApp. 1 Cir.1991). Additionally, it is within the purview of the 14trial court to particularize the sentence because the trial judge “remains in the best position to assess the aggravating and mitigating circumstances presented by each case.” State v. Cook, 95-2784 (La.5/31/96), 674 So.2d 957, 958 . State v. Smith, 02-719, p. 4 (LaApp. 3 Cir. 2/12/03), 846 So.2d 786, 789 , writ denied, 03-562 (La.5/30/03), 845 So.2d 1061 .”

   1 later decision quote this exact passage
   e.g. 157 So. 3d 674 - State v. Tolliver