924 So. 2d 282 - State v. Clark’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. “[A] comment must not “arguably” point to a prior crime; to trigger mandatory mistrial pursuant to Article 770(2), the remark must “unmistakably” point to evidence of another crime. State v. Babin, 336 So.2d 780 (La.1976) (where reference to a “mug shot” was not unmistakable reference to a crime committed by Defendant); State v. Harris, 258 La. 720 , 247 So.2d 847 (1971) (where no crime was evidenced by a police officer’s reference to obtaining Defendant’s photograph from the Bureau of Investigation). In addition, the imputation must “unambiguously” point to the Defendant. State v. Edwards, 406 So.2d 1331, 1349 (La.1981), cert. denied sub nom. Edwards v. La., 456 U.S. 945 , 102 S.Ct. 2011 , 72 L.Ed.2d 467 (1982). The Defendant has the burden of proving that a mistrial is warranted.”

   1 later decision quote this exact passage
   e.g. 37 So. 3d 466 - State v. Hollier

2. “A police officer is not a “court official” for purposes of La.C.Cr.P. art. 770. State v. Walker, 03-1072, p. 4 (La.App. 5th Cir.12/30/03), 865 So.2d 172, 174 , citing State v. Hayes, 414 So.2d 717, 721 (La.1982); State v. Celestine, 98-1166, p. 7 (La.App. 5th Cir.3/30/99), 735 So.2d 109, 114 , writ denied, 99-1217 (La.10/8/99), 750 So.2d 178 . However, an impermissible reference to another crime which was deliberately elicited by the prosecutor is imputable to the State, and triggers the provisions of La.C.Cr.P. art. 770. State v. Walker, 03-1072 at p. 7, 865 So.2d at 174 .”

   1 later decision quote this exact passage
   e.g. 37 So. 3d 466 - State v. Hollier

3. “[A] mistrial shall be ordered when a remark or comment, made within the hearing of the jury by the judge, district attorney, or a court official, during the trial . . . refers directly or indirectly to . . . [a]nother crime committed or alleged to have been committed by the defendant as to which evidence is not admissible[.] . . .”

   1 later decision quote this exact passage
   e.g. 976 So. 2d 196 - State v. Carter