939 So. 2d 678 - State v. Milton’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When the issue of sufficiency of evidence is raised on appeal, the critical inquiry of the reviewing court is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979); State ex rel. Graffagnino v. King, 436 So.2d 559 (La.1983); State v. Duncan, 420 So.2d 1105 (La.1982); State v. Moody, 393 So.2d 1212 (La.1981). It is the role of the fact finder to weigh the respective credibility of the witness. Therefore, the appellate court should not second-guess the credibility determination of the trier of fact beyond the sufficiency evaluations under the Jackson standard of review. See King, 436 So.2d 559 , citing State v. Richardson, 425 So.2d 1228 (La.1983). State v. Lambert, 97-64, pp. 4-5 (La. App. 3 Cir. 9/30/98), 720 So.2d 724, 726-27 . Thus, ‘[i]t is not the function of an appellate court to assess credibility or reweigh the evidence.’ State v. Smith, 94-3116, p. 2 (La.10/16/95), 661 So.2d 442, 443 .”

   1 later decision quote this exact passage
   e.g. 81 So. 3d 691 - State v. Saucier

2. ““The resolution of a matter where conflicting testimony exists requires a determination of credibility of the witnesses and is a matter of weight of the evidence and not sufficiency.” State v. Mitchell, 01-0872, p. 9 (La.App. 3 Cir. 2/13/02), 815 So.2d 1041, 1047 , writ denied, 02-0785 (La.11/8/02), 828 So.2d 1110 , (quoting State v. Taylor, 96-1043, p. 5 (La.App. 3 Cir. 2/5/97), 688 So.2d 1262, 1267 ). While the witnesses’ testimonies are not particularly specific, we find that they are not so inconsistent that the jury’s determination was irrational, “especially in light of its function as a fact-finder and the deference given its credibility determinations[.]” Id.”

   1 later decision quote this exact passage
   e.g. 81 So. 3d 691 - State v. Saucier