aggravating and mitigating factors in Louisiana

86 Louisiana opinions name it 2 courts 1984–2019 0 in the last five years

The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

Case	Followed	Cited
State v. Hallgreen lactapp · 2001 · cited in 4 Louisiana opinions naming this issue, 2010–2011 2 sentences 2011Finally, “[a]s a general rule, maximum sentences are appropriate in cases involving the most serious violation of the offense and the worst type of offender.” State v. Hall, 35,151, p. 4 (La.App. 2 Cir. 9/26/01), 796 So.2d 164, 169 (citing State v. Grissom, 29,718 (La.App. 2 Cir. 8/20/97), 700 So.2d 541 ; State v. Walker, 573 So.2d 631 (La.App. 2 Cir.1991)). 2011Finally, “[a]s a general rule, maximum sentences are appropriate in cases involving the most serious violation of the offense and the worst type of offender.” State v. Hall, 35,151, p. 4 (La.App. 2 Cir. 9/26/01), 796 So.2d 164, 169 (citing State v. Grissom, 29,718 (La.App. 2 Cir. 8/20/97), 700 So.2d 541 ; State v. Walker, 573 So.2d 631 (La.App. 2 Cir.1991)).	4	4
State v. Francosigreen lactapp · 1987 · cited in 8 Louisiana opinions naming this issue, 1988–1991 2 sentences 1989See also Francosi, supra; Brumfield, supra. In order to ensure adequate review by the appellate court, there must be an indication in the record that the trial court considered both the aggravating and mitigating factors set forth in C.Cr.P. art. 894.1 in determining the defendant’s particular sentence. 1989A sentence may be unconstitutionally excessive if it is "grossly out of proportion to the severity of the crime" or "is nothing more than the purposeless imposition of pain and suffering." State v. Brogdon, 457 So.2d 616 (La.1984), cert. denied, Brogdon v. Louisiana, 471 U.S. 1111 , 105 S.Ct. 2345 , 85 L.Ed.2d 862 (1985); see also State v. Francosi, supra. It has been held that, in order to ensure an adequate review by an appellate court, there must be an indication in the record that, in sentencing the defendant, the trial court considered both the aggravating and mitigating factors set forth	3	8
State v. Shermangreen lactapp · 1990 · cited in 4 Louisiana opinions naming this issue, 1991–1993 2 sentences 1992See also Sherman, supra; Bell, supra. In order to insure adequate review by the appellate court, there must be an indication in the record that the trial court considered both the aggravating and mitigating factors set forth in C.Cr.P. art. 894.1 in determining the defendant’s particular sentence. 1991See also Sherman, supra; Bell, supra. In order to insure adequate review by the appellate court, there must be an indication in the record that the trial court considered both the aggravating and mitigating factors set forth in La.C.Cr.P. art. 894.1 in determining the defendant’s particular sentence.	2	4
State v. Sepulvadogreen la · 1979 · cited in 2 Louisiana opinions naming this issue, 1984–2007 2 sentences 2007See State v. Taves, 03-0518, p. 4 (La.12/3/03), 861 So.2d 144, 147 ("[T]he determination of whether a sentence which otherwise falls within the range of punishment provided by the legislature for a particular offense is excessive, i.e., so disproportionate to the offense that it represents the needless infliction of pain and suffering . . . entails more than a priori judgments by an appellate court. . . . `[T]he statutory criteria legislatively provided by La.C.Cr.P. art. 894.1 (1977), which are similar to those evolved by courts in other American jurisdictions with a constitutional or statuto 1984State v. Jones, 381 So.2d 416 (La.1980); State v. Sepulvado, 367 So.2d 762 (La.1979).” State v. Bell, 438 So.2d 636 (La.App. 2 Cir.1983).	1	2
State v. Smithgreen la · 1994 · cited in 2 Louisiana opinions naming this issue, 1994–1995 2 sentences 1995In State v. Smith, 93-0402 (La. 7/5/94), 639 So.2d 237, 242 (La.1994), reh. denied, 93-0402 (La. 9/1/94), the Louisiana Supreme Court held that the “Guidelines are advisory in nature.” That Court stated: There is no codal or statutory requirement for record justification by the trial judge of his decision to deviate from the Guidelines and impose a sentence other than that which is suggested by the Guidelines. 1994The trial court adhered to the guidelines in departing from the recommended sentence range, and adequately complied with Smith, supra, in considering the guidelines.	1	2
State v. Tavesgreen la · 2003 · cited in 1 Louisiana opinions naming this issue, 2007–2007	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway.

Also cited on this issue (74)

Case	Cited	Years
State v. Quebedeaux green la · 1982 2 sentences 1996State v. Quebedeaux, 424 So.2d 1009 (La.1982). 1993State v. Quebedeaux, 424 So.2d 1009 (La.1982), appeal after remand, 446 So.2d 1210 (La.1984).	14	1986–1996
State v. Quebedeaux green la · 1984 2 sentences 1993State v. Quebedeaux, 424 So.2d 1009 (La.1982), appeal after remand, 446 So.2d 1210 (La.1984). 1987State v. Davis, supra; State v. Quebedeaux, 424 So.2d 1009 (La.1982), appeal after remand, 446 So.2d 1210 (1984); State v. Swift, supra. There is no showing in the sentencing transcript that the trial judge considered any mitigating circumstances listed in LSA-C.Cr.P. art. 894.1(B).	10	1986–1993
State v. Davis green la · 1984 2 sentences 2000State v. Davis, 449 So.2d 452 (La.1984). 1998State v. Davis, 449 So.2d 452 (La.1984).	9	1986–2000
State v. Batiste green lactapp · 1991 2 sentences 2012The trial court is in the best position to evaluate the aggravating and mitigating factors of a particular case, and “it is within the purview of the trial court to particularize the sentence.” Id. 2011Because the trial court is in the best position to evaluate the aggravating and mitigating factors of a particular case, “it isjjowithin the purview of the trial court to particularize the sentence.” Id.	6	2010–2012
La. State Bar Ass'n v. Hinrichs green la · 1986 2 sentences 2018As noted by the board, in Louisiana State Bar Ass'n v. Hinrichs , 486 So.2d 116 (La. 1986), we conducted an extensive review of the jurisprudence in conversion cases in order to determine the appropriate sanctions for different types of conversion. 2015The applicable baseline sanction in this matter is disbarment, both pursuant to the ABA’s Standards for Imposing Lawyer Sanctions and the seminal case of Louisiana State Bar Ass’n v. Hinrichs, 486 So.2d 116 (La.1986), which sets forth general guidelines for imposing discipline in a conversion case. 2 The aggravating and mitigating factors found by the disciplinary board are supported by the record.	5	2001–2018
State v. Brumfield green lactapp · 1986 2 sentences 1989See also Francosi, supra; Brumfield, supra. In order to ensure adequate review by the appellate court, there must be an indication in the record that the trial court considered both the aggravating and mitigating factors set forth in C.Cr.P. art. 894.1 in determining the defendant’s particular sentence. 1988See also State v. Francosi, supra; State v. Brumfield, supra. In order to ensure adequate review by the appellate court, there must be an indication in the record that the trial court considered both the aggravating and mitigating factors set forth in C.Cr.P. art. 894.1 in determining the defendant’s particular sentence.	5	1988–1991
State v. Grissom green lactapp · 1997 2 sentences 2011Finally, “[a]s a general rule, maximum sentences are appropriate in cases involving the most serious violation of the offense and the worst type of offender.” State v. Hall, 35,151, p. 4 (La.App. 2 Cir. 9/26/01), 796 So.2d 164, 169 (citing State v. Grissom, 29,718 (La.App. 2 Cir. 8/20/97), 700 So.2d 541 ; State v. Walker, 573 So.2d 631 (La.App. 2 Cir.1991)). 2011Finally, “[a]s a general rule, maximum sentences are appropriate in cases involving the most serious violation of the offense and the worst type of offender.” State v. Hall, 35,151, p. 4 (La.App. 2 Cir. 9/26/01), 796 So.2d 164, 169 (citing State v. Grissom, 29,718 (La.App. 2 Cir. 8/20/97), 700 So.2d 541 ; State v. Walker, 573 So.2d 631 (La.App. 2 Cir.1991)).	4	2010–2011
State v. Walker green lactapp · 1991 2 sentences 2011Finally, “[a]s a general rule, maximum sentences are appropriate in cases involving the most serious violation of the offense and the worst type of offender.” State v. Hall, 35,151, p. 4 (La.App. 2 Cir. 9/26/01), 796 So.2d 164, 169 (citing State v. Grissom, 29,718 (La.App. 2 Cir. 8/20/97), 700 So.2d 541 ; State v. Walker, 573 So.2d 631 (La.App. 2 Cir.1991)). 2011Finally, “[a]s a general rule, maximum sentences are appropriate in cases involving the most serious violation of the offense and the worst type of offender.” State v. Hall, 35,151, p. 4 (La.App. 2 Cir. 9/26/01), 796 So.2d 164, 169 (citing State v. Grissom, 29,718 (La.App. 2 Cir. 8/20/97), 700 So.2d 541 ; State v. Walker, 573 So.2d 631 (La.App. 2 Cir.1991)).	4	2010–2011
State v. Bell green lactapp · 1989 2 sentences 1992See also Sherman, supra; Bell, supra. In order to insure adequate review by the appellate court, there must be an indication in the record that the trial court considered both the aggravating and mitigating factors set forth in C.Cr.P. art. 894.1 in determining the defendant’s particular sentence. 1991See also Sherman, supra; Bell, supra. In order to insure adequate review by the appellate court, there must be an indication in the record that the trial court considered both the aggravating and mitigating factors set forth in La.C.Cr.P. art. 894.1 in determining the defendant’s particular sentence.	4	1990–1993
State v. Accardo green lactapp · 1985 2 sentences 1988State v. Accardo, supra. The Louisiana Supreme Court discussed the function of LSA-C.Cr.P. art. 894.1 regarding appellate review of sentences in State v. Robicheaux, 412 So.2d 1313 (La. 1982): Sentences must be individualized to be compatible with the offenders as well as the offenses. 1987State v. Accardo, 466 So.2d 549 (La.App. 5th Cir.1985); writ den. 468 So.2d 1204 (La.1985).	4	1987–1988
State v. Swift neutral lactapp · 1984 2 sentences 1987State v. Davis, supra; State v. Quebedeaux, 424 So.2d 1009 (La.1982), appeal after remand, 446 So.2d 1210 (1984); State v. Swift, supra. There is no showing in the sentencing transcript that the trial judge considered any mitigating circumstances listed in LSA-C.Cr.P. art. 894.1(B). 1987State v. Davis, supra; State v. Quebedeaux, 424 So.2d 1009 (La.1982), appeal after remand, 446 So.2d 1210 (1984); State v. Swift, supra. A sentence imposed by the trial court should not be disturbed absent a manifest abuse of discretion.	4	1986–1987
In Re Baer green la · 2009 2 sentences 2017The record supports the aggravating and mitigating factors found by the disciplinary board. 17Turning to the issue of an appropriate sanction, we find guidance from the cases of In re: Baer, 09-1795 (La. 11/20/09), 21 So.3d 941 , In re: Guidry, 11-1208 (La. 9/23/11), 71 So.3d 256 , and In re: James, 12-2701 (La. 3/1/13), 108 So.3d 747 . 2017In In re: Baer, 09-1795 (La. 11/20/09), 21 So.3d 941 , the court stated the following with respect to appropriate sanctions for DWI offenses: We have imposed sanctions ranging from actual periods of suspension to fully deferred suspensions in prior cases involving attorneys who drive while under the influence of alcohol.	3	2015–2017
State v. Caston green lactapp · 1985 2 sentences 1999Article 1, Section 20 of the Louisiana Constitution of 1974 provides that “No law shall subject any person ... to cruel, excessive or unusual punishment.” A sentence within the statutory limit is constitutionally excessive if it is “grossly out of proportion to the severity of the crime” or is “nothing more than the. purposeless imposition of pain and suffering.” State v. Caston, 477 So.2d 868 (La.App. 4th Cir. 1985). 1987State v. Brogdon, 457 So.2d 616 (La.1984); State v. Caston, 477 So.2d 868 (La.App. 4th Cir.1985); State v. Nelson, 449 So.2d 161 (La.App. 4th 1984).	3	1987–1999
State v. Thomas green la · 1984 2 sentences 1988State v. Thomas, supra; State v. Quebedeaux, 424 So.2d 1009 (La.1982); State v. Francosi, supra; State v. Brumfield, supra; State v. Forde, 482 So.2d 143 (La.App. 4th Cir.1986). 1988State v. Thomas, 447 So.2d 1053 (La.1984); State v. Quebedeaux, 424 So.2d 1009 (La.1982).	3	1987–1988
In re Christenberry neutral la · 2014 2 sentences 2017Turning to the issue of an appropriate sanction, we find guidance from the cases of In re: Goff , 02-1899 (La. 1/28/03), 837 So.2d 1201 , and In re: Christenberry , 13-2461 (La. 1/27/14), 132 So.3d 388 . 2015Turning to the issue of an appropriate sanction, we find guidance from the case of In re: Christenberry, 13-2461 (La.1/27/14), 132 So.3d 388 .	2	2015–2017
In re Committee on Bar Admissions CFN-143 neutral la · 2015 2 sentences 2017In recommending a sanction, the board cited the recent case of In re: Weber, 15-0982 (La. 8/28/15), 177 So.3d 106 . 2016In recommending disbarment, the disciplinary board cited the cases of In re: Weber, 15-0982 (La.8/28/15), 177 So.3d 106 , and In re: Hatfield, 08-2632 (La.2/20/09), 2 So.3d 425 .	2	2016–2017
State v. Comeaux green la · 1997 2 sentences 1999State v. Cooks, 97-0999 (La.9/9/98); 720 So.2d 637 ; State v. Comeaux, 93-2729 (La. 7/1/97); 699 So.2d 16, 26 , cert. denied, 522 U.S. 1150 , 118 S.Ct. 1169 , 140 L.Ed.2d 179 (1998); La.C.Cr.P. arts. 905.2(A), 905.4, 814 905.5. 1998*Comeaux, supra at 26 ; La.C.Cr.P. arts. 905.2 A, 905.4 and 905.5.	2	1998–1999
State v. Brogdon green la · 1984 2 sentences 1989A sentence may be unconstitutionally excessive if it is "grossly out of proportion to the severity of the crime" or "is nothing more than the purposeless imposition of pain and suffering." State v. Brogdon, 457 So.2d 616 (La.1984), cert. denied, Brogdon v. Louisiana, 471 U.S. 1111 , 105 S.Ct. 2345 , 85 L.Ed.2d 862 (1985); see also State v. Francosi, supra. It has been held that, in order to ensure an adequate review by an appellate court, there must be an indication in the record that, in sentencing the defendant, the trial court considered both the aggravating and mitigating factors set forth 1987State v. Brogdon, 457 So.2d 616 (La.1984); State v. Caston, 477 So.2d 868 (La.App. 4th Cir.1985); State v. Nelson, 449 So.2d 161 (La.App. 4th 1984).	2	1987–1989
State v. Forde green lactapp · 1986 2 sentences 1988State v. Thomas, supra; State v. Quebedeaux, 424 So.2d 1009 (La.1982); State v. Francosi, supra; State v. Brumfield, supra; State v. Forde, 482 So.2d 143 (La.App. 4th Cir.1986). 1988State v. Thomas , surpa; State v. Quebedeaux, 424 So.2d 1009 (La.1982); State v. Francosi, supra ; State v. Forde, 482 So.2d 143 (La.App. 4th Cir.1986).	2	1988–1988
State v. Schexnayder green lactapp · 1985 2 sentences 1986State v. Schexnayder, supra. In order to insure adequate review, there must be an indication in the record that the trial court considered both the aggravating and mitigating factors set forth in C.Cr.P. art. 894.1 in determining the defendant’s particular sentence. 1986State v. Schexnayder, supra. In order to insure adequate review, there must be an indication in the record that the trial court considered both the aggravating and mitigating factors set forth in the LSA-La.C.Cr.P. art. 894.1 when determining the defendant’s particular sentence.	2	1986–1986
In re Lightfoot neutral la · 2012 1 sentence 2019With regard to crimes involving false police reports, the case of In re: Lightfoot , 11-1950 (La. 3/13/12), 85 So.3d 56 , is instructive.	1	2019–2019
In re Krake neutral la · 2014 1 sentence 2019Turning to the issue of an appropriate sanction, we take guidance from In re: Krake , 14-1760 (10/24/14), 149 So.3d 1223 , wherein an attorney practiced law while ineligible to do so and failed to cooperate with the ODC's investigation.	1	2019–2019
In Re Coffman neutral la · 2009 1 sentence 2018See, e.g., In re: Lash , 97-0327 (La. 4/4/97), 691 So.2d 674 (attorney disbarred for four counts stemming from his criminal conviction for issuing worthless checks and theft); In re: Basile , 98-0900 (La. 5/29/98), 714 So.2d 687 (attorney disbarred for attempting to purchase merchandise with a stolen check; charges of prostitution and felony theft were pending against the lawyer in another jurisdiction, and she was later arrested for purchasing merchandise through the fraudulent use of her father's credit card); and In re: Coffman , 09-1165 (La. 9/25/09), 17 So.3d 934 (attorney disbarred for w	1	2018–2018
In re Parker-Davis neutral la · 2000 1 sentence 2018Turning to the issue of an appropriate sanction, the board cited the cases of *962 In re: Jackson , 02-2764 (La. 4/9/03), 842 So.2d 359 , and In re: Parker-Davis , 99-2953 (La. 1/7/00), 763 So.2d 569 .	1	2018–2018
In re Basile green la · 1998 1 sentence 2018See, e.g., In re: Lash , 97-0327 (La. 4/4/97), 691 So.2d 674 (attorney disbarred for four counts stemming from his criminal conviction for issuing worthless checks and theft); In re: Basile , 98-0900 (La. 5/29/98), 714 So.2d 687 (attorney disbarred for attempting to purchase merchandise with a stolen check; charges of prostitution and felony theft were pending against the lawyer in another jurisdiction, and she was later arrested for purchasing merchandise through the fraudulent use of her father's credit card); and In re: Coffman , 09-1165 (La. 9/25/09), 17 So.3d 934 (attorney disbarred for w	1	2018–2018
Stein v. Martin green la · 1997	1	2018–2018
In Re Jackson neutral la · 2003	1	2018–2018
In re Goff neutral la · 2003	1	2017–2017
In Re Bordelon green la · 2005	1	2017–2017
In re James neutral la · 2013	1	2017–2017
In re Schmidt green la · 2013	1	2017–2017
In re Richard neutral la · 2016	1	2017–2017
In Re Danny L. Guidry. green la · 2011	1	2017–2017
In Re Rush neutral la · 2010	1	2016–2016
In Re Simon green la · 2005	1	2016–2016
In Re Hatfield neutral la · 2009	1	2016–2016
In re Pittman neutral la · 2011	1	2016–2016
In re Duhy neutral la · 2014	1	2016–2016
In re Sterling neutral la · 2009	1	2016–2016
In re Jones neutral la · 2004	1	2015–2015

Statutes the citing opinions construe

LA § La. Rev. Stat. § 11 (19) LA § La. Rev. Stat. § 14:27 (10) LA § La. Rev. Stat. § 40:967 (10) LA § La. Rev. Stat. § 14:64 (8) LA § La. Rev. Stat. § 14:30.1 (7) LA § La. Rev. Stat. § 14:31 (6) LA § La. Rev. Stat. § 15:529.1 (6) LA § La. Rev. Stat. § 14:24 (5) LA § La. Rev. Stat. § 14:10 (4) LA § La. Rev. Stat. § 14:34 (4) LA § La. Rev. Stat. § 15:438 (4) LA § La. Rev. Stat. § 3 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NJ 700 (1980–2026) OH 274 (1990–2026) IL 137 (1981–2026) CA 120 (1976–2026) FL 89 (1979–2025) LA 86 (1984–2019) IN 84 (1980–2026) NY 81 (1988–2026) AZ 48 (1978–2026) NC 46 (1981–2026) WA 45 (1984–2026) TN 26 (1993–2018) KS 19 (1993–2021) ME 18 (1994–2026) AK 18 (1982–2025) MD 15 (1983–2024) CO 13 (1990–2012) UT 12 (1994–2020) MS 11 (1993–2023) AL 10 (1994–2016) PA 10 (1998–2024) GA 9 (2014–2025) NV 9 (1990–2019) DE 7 (1985–2023) CT 6 (1994–2025) IA 6 (2010–2023) OR 6 (1992–2022) OK 5 (1994–2017) AR 4 (2009–2025) NH 4 (2010–2015) MT 3 (1993–1996) MN 3 (2007–2014) MI 3 (2000–2009) NE 3 (1993–2023) WY 2 (2003–2017) TX 2 (1996–2020) WI 2 (2020–2026) VT 2 (2019–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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