State v. Verret’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Defendant first argues that the charges which are the subject of the Motion to Sever are required to be tried separately due to the mandatory make up of the jury. The court finds this argument is without merit, as Code of Criminal Procedure Article 493.2 specifically provides that relative felonies can be tried with felonies, provided the other requirements for joinder of offenses are met. Defendant further argues that the charges should be severed because of the prejudicial nature of the charges, and the presence of the multiple counts. A defendant has a substantial burden of proof when he alleges prejudicial join-der of [offenses].... Additionally, when determining whether two charged offenses should be severed for trial, the Court may consider whether evidence of one offense would be admissible as other crimes evidence at the trial of the other offense. |2nThe Louisiana Code of Evidence Article 412.2 provides for the admissibility of evidence of similar crimes, or acts in sex offense cases, which indicate a lustful disposition toward children.... This court finds that the evidence of the sexually assaultive behavior committed against either victim could be introduced at the trial of the crimes committed against the other, and that these charges are properly joined for trial.”

   1 later decision quote this exact passage
   e.g. 73 So. 3d 913 - State v. Friday

2. “The admissibility of a confession is, in the first instance a question for the trial court; its conclusions on the credibility and weight of the testimony relating to the voluntary nature of the confession are accorded great weight and will not be overturned unless they are not supported by the evidence. Whether or not a showing of voluntariness has been made is analyzed on a case-by-case basis with regard to the facts and circumstances of each case. The trial court must consider the totality of the circumstances in deciding whether or not a confession is admissible. [ State v. ] Plain, 99-1112 [(La.App. 1 Cir. 2/18/00),] at p. 6, 752 So.2d [337] at 342.”

   1 later decision quote this exact passage
   e.g. 976 So. 2d 268 - State v. Coleman

3. “When an accused is charged with a crime involving sexually assaultive behavior, or with acts that constitute a sex offense involving a person who was under the age of 17 at the time of the offense, evidence of the accused's commission of another crime, wrong, or act, involving sexually assaultive behavior or acts, which indicate a lustful disposition toward children, may be admissible and may be considered] for its bearing on any matter which is relevant.”

   1 later decision quote this exact passage
   e.g. State v. MERANTA