969 So. 2d 1268 - State v. Ryan’s Empirical Analysis

Citation profile

48 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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the appellate court should not second-guess the credibility determination of the trier of fact,”

   5 later decisions quote this exact passage
   e.g. State v. Thomas · State v. Johnson

2. “In State v. Higginbotham, 00-1782 (La.App. 5 Cir. 5/16/01) , 790 So.2d 648 , writs denied, 01-1756 (La.5/3/02), 815 So.2d 95 , the fifth circuit examined the sufficiency of the evidence introduced to support a stalking conviction. In his appeal, the defendant asserted that the evidence of his standing near the victim’s home and passing her home in his truck did not establish “following” and that his activities did not constitute “harassing” because they were constitutionally protected. The fifth circuit agreed that there had been no evidence submitted to fulfill the “following” element of the stalking statute. Id. However, the fifth circuit concluded that the defendants actions had been “harassing” as contemplated by the statute. 1 sHigginbotham’s victim had seen him near her home on several occasions. During two of the incidents, Higginbotham had menaced her. The defendant also called the victims house several times a day at all hours. During two of the calls, the defendant had threatened to kill the victim, and one of the death threats included sexual violence. The fifth circuit held that the collective incidents clearly demonstrated that the defendant had willfully, maliciously, and repeatedly harassed the victim over a period of time with the intent to inflict a continuity of emotional distress upon the victim including the fear of death or bodily injury. Accordingly, the fifth circuit found sufficient evidence to support Higginbotham’s stalking conviction. In State v. Ri”

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

3. “A. Stalking is the willful, malicious, and repeated following or harassing of another person that would cause a reasonable person to feel alarmed or to suffer emotional distress. Stalking shall include but not be limited to the willful, malicious, and repeated uninvited presence of the perpetrator at another person’s home, workplace, school, or any place which would cause a reasonable person to be alarmed, or to suffer emotional distress as a result of verbal or behaviorally implied threats of death, bodily injury, sexual assault, kidnaping, or any other statutory criminal act to himself or any member of his family or any person with whom he is acquainted. [[Image here]] C. For the purposes of this Section, the following words shall have the following meanings: (1) “Harassing” means the repeated pattern of verbal communications or nonverbal behavior without invitation which includes but is not limited to making telephone calls, transmitting electronic mail, sending messages via a third party, or sending letters or pictures. (2) “Pattern of conduct” means a series of acts over a period of time, however short, evidencing an intent to inflict a continuity of emotional distress upon the person. Constitutionally protected activity is not included within the meaning of pattern of conduct.”

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