113 So. 3d 542 - Bolton v. State’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “One of the essential elements of the crime of burglary is the intent to commit a specific crime. Jury Instruction S-l fails to instruct the jury as to what crime Daniels intended to commit, and thus fails to instruct the jury on an essential element of the crime of burglary. The failure to instruct the jury on some specific crime in the second element of burglary would have allowed each of the jurors to arbitrarily select some crime of which there was no proof, and use that nonexistent offense to convict Daniels of burglary. The jury instructions as a whole fail to cure this fatal defect; therefore the trial court abused its discretion in allowing the amendment to Instruction S-l that deleted the phrase “grand larceny.””

   1 later decision quote this exact passage
   e.g. 141 So. 3d 407 - Blythe v. State

2. “In Count I,.if you believe from the evidence in this .case beyond a reasonable doubt that: 1) On or about January 29, 2012, RICHARD WHITE AKA “TONEY BUCK” did unlawfully, willfully [and] feloniously break and enter the dwelling house of Newell Inman and/or. Johanna Inman[,] and 2) said dwelling-house was located at .., Street in Lambert[,] Mississippi, and • 3) said breaking] and entering] was with the intent to commit the crime of larceny and/or assault there, then you shall find the defendant guilty of burglary of a dwelling in Count 1. If the State has failed to prove any one of these elements beyond a reasonable doubt, then you shall find the Defendant not guilty in Count 1.”

   1 later decision quote this exact passage
   e.g. 195 So. 3d 801 - Richard White v. State of Mississippi

3. “trial court's failure to instruct the jury properly on the essential elements of the crime of burglary requires reversal.”

   1 later decision quote this exact passage
   e.g. Trevontae Johnson v. State of Mississippi