931 So. 2d 409 - State v. Gill’s Empirical Analysis
2006
Citation profile
5
cited by 5 later decisions
1
states following
January 2015
most recently cited
5 state decisions
Relationships
Relies on Jackson v. Virginia · 384 So. 2d 355 - State v. Bonanno · 603 So. 2d 731 - State v. Hearold · 603 So. 2d 739 - State v. Lobato · 661 So. 2d 442 - State v. Smith
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.
“[Wjhere there is a constitutional mandatory sentence, there is no need for the trial court to justify, under Article 894.1, a sentence it is legally required to impose. In addition, to rebut the presumption that the mandatory sentence is constitutional, the defendant must clearly and convincingly show that because of unusual circumstances this |10defendant is a victim of the legislature’s failure to assign sentences that are meaningfully tailored to the culpability of the offender, the gravity of the offense, and the circumstances of the case. In this case, the defendant has not sufficiently demonstrated he is the “exceptional” defendant for which downward departure from the statutory minimum sentence is required. Furthermore, arguments that the mandatory life sentence for second degree murder is a violation of the prohibition against excessive punishment contained in the Louisiana constitution have been repeatedly rejected. State v. Parker, 416 So.2d 545 (La.1982); State v. Brooks, 350 So.2d 1174 (La.1977); State v. Thornton, 36,757 (La.App.2d Cir.01/29/03), 836 So.2d 1235 , writ denied, 2003-0861 (La.10/31/03), 857 So.2d 474 .”
1 later decision 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.