993 So. 2d 295 - State v. Davis’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “| isUpon motion of a defendant, a mistrial shall be ordered when a remark or comment, made within the hearing of the jury by the judge, district attorney, or a court official, during the trial or in argument, refers directly or indirectly to: * * * (2) Another crime committed or alleged to have been committed by the defendant as to which evidence is not admissible[.] * * * An admonition to the jury to disregard the remark or comment shall not be sufficient to prevent a mistrial. If the defendant, however, requests that only an admonition be given, the court shall admonish the jury to disregard the remark or comment but shall not declare a mistrial.”

   2 later decisions quote this exact passage · from the majority
   e.g. 83 So. 3d 178 - State v. Miller · 83 So. 3d 1075 - State v. Johnson

2. “Defendant first complains that evidence of the threats his family made against Williams at the first trial was admissible other crimes evidence. Williams explained that he refused to testify at defendant's first trial in 2005 because defendant's family scared him. Defense counsel objected, arguing that Williams' testimony suggested that defendant and his family were involved in intimidation, which was inadmissible evidence of other crimes. She also argued that she had no Prieur notice of those crimes. .... The trial judge was correct in that the prosecutor made no reference to other crimes that were committed or allegedly committed by the defendant. Instead, the prosecutor's questions made reference to other crimes that were committed or allegedly committed by defendant's family. La.Code Evid. art. 404(B)(1) only prohibits evidence of other crimes or bad acts committed by a defendant. Therefore, we find that the evidence in question was admissible and, therefore, the trial court did not err by overruling defense counsel's objection to it. .... A mistrial is a drastic remedy and, except in instances in which a mistrial is mandatory, is warranted only when trial error results in substantial prejudice to defendant, depriving him of a reasonable expectation of a fair trial. State v. Smith , 04-340, p. 5 (La.App. 5 Cir. 10/26/04), 888 So.2d 280 , 285. Whether a mistrial should be granted is within the sound discretion of the trial court and the denial of a motion for mistrial will”

   1 later decision quote this exact passage · from the majority
   e.g. 258 So. 3d 708 - State v. Thomas

3. “A mistrial is a drastic remedy and, except in instances in which a mistrial is mandatory, is warranted only when trial error results in substantial prejudice to defendant, depriving him of a reasonable expectation of a fair trial. State v. Davis , 08-165, p. 17 (La.App. 5 Cir. 7/29/08), 993 So.2d 295 , 305, writs denied , 08-2188 [ ( ]La.5/1/09), 6 So.3d 810 , and 08-2200 (La.5/1/09), 6 So.3d 811 . Whether a mistrial should be granted is within the sound discretion of the trial court and the denial of a motion for mistrial will not be disturbed absent an abuse of discretion. Id. .... The trial court has discretion to use the services of an alternate juror, rather than to grant a mistrial, upon a proper finding that this is the best course of action. State v. Tatum , 09-1004, p. 17 (La.App. 5 Cir. 5/25/10), 40 So.3d 1082 , 1092.”

   1 later decision quote this exact passage · from the majority
   e.g. 244 So. 3d 561 - State v. Jack