State v. Allen’s Empirical Analysis

Citation profile

53 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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A witness qualified as an expert by knowledge, skill, experience, training, or education may offer an opinion as to scientific, technical, or other expert testimony if it will "assist the trier of fact to understand the evidence or to determine a fact in issue." La.Code Evid. art. 702. In State v. Allen, 41,548, pp. 11-13 (La.App. 2 Cir. 11/15/06) , 942 So.2d 1244 , 1254-55, writ denied, 07-530 (La.12/7/07), 969 So.2d 619 , the second circuit addressed the admissibility and review of expert testimony, stating: In State v. Foret, 628 So.2d 1116 (La.1993), the Louisiana Supreme Court adopted the test set forth in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993), regarding proper standards for the admissibility of expert testimony which requires the trial court to act in a gatekeeping function to ensure that any and all scientific testimony or evidence admitted is not only relevant, but reliable. State v. Chauvin, 02-1188 (La. 5/20/03), 846 So.2d 697 . To assist the trial courts in their preliminary assessment of whether the reasoning or methodology underlying the testimony is scientifically valid and can properly be applied to the facts at issue, the Supreme Court suggested the following general observations are appropriate: 1) whether the theory or technique can be and has been tested; 2) whether the theory or technique has been subjected to peer review and publication; 3) the known or potential rate of error; and 4) whether ”

   9 later decisions quote this exact passage
   e.g. 114 So. 3d 567 - Murphy Cormier General Contractor, Inc. v. State, Department of Health & Hospitals · 124 So. 3d 1236 - State v. Williams

2. “A homicide which would be murder under either Article 30 (first degree murder) or Article 30.1 (second degree murder), but the offense is committed in sudden passion or heat of blood immediately caused by provocation sufficient to deprive an average person of his self-control and cool reflection. Provocation shall not reduce a homicide to manslaughter if the jury finds that the offender’s blood had actually cooled, or that an average person’s blood would have cooled, at the time the offense was committed.”

   1 later decision quote this exact passage
   e.g. 16 So. 3d 482 - State v. Triggs

3. “clearly and convincingly show that he is exceptional, which in this context means that because of unusual circumstances this defendant 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.”

   1 later decision quote this exact passage
   e.g. 973 So. 2d 963 - State v. Joshua