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← 931 SO2D 1268 - State v. Robert

State v. Robert’s Empirical Analysis

2006

Citation profile

3
cited by 3 later decisions
1
states following
March 2013
most recently cited

3 state decisions

Relationships

Relies on State v. Dorthey · 419 So. 2d 475 - State v. Lanclos · 603 So. 2d 739 - State v. Lobato · 709 So. 2d 672 - State v. Johnson · 424 So. 2d 1009 - State v. Quebedeaux

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

  1. ““[i]t is presumed that a mandatory minimum sentence under the Habitual Offender Law is constitutional. State v. Johnson, 97-1906 (La.3/4/98), 709 So.2d 672, 676 . A court may only depart from the mandatory sentence if it finds clear and convincing evidence in the present case that would rebut the presumption of constitutionality. Id. To merit a deviation below the mandatory minimum sentence, the defendant must clearly and convincingly show that he is exceptional. State v. Johnson, supra. Such downward departures should occur only in rare instances. Id.””
    2 later decisions quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.