Neal v. State’s Empirical Analysis

Citation profile

1 federal appellate · 52 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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Rule 22(b) allows the appellant to raise post-conviction issues on direct appeal where the issues are fully apparent from the record of the trial, and failure to raise such issues constitutes a waiver. Under this provision, issues such as claims of ineffective assistance of counsel for failure to object to evidence offered by the state or to argument by the state must be raised on direct appeal. Other post-conviction issues which cannot be raised at the time of appeal because they involve actions or inaction outside the record are not waived since they cannot practically be raised without further development or investigation.”

   3 later decisions quote this exact passage
   e.g. Pauley v. State · Conners v. State

2. “trial counsel's decision to not request a jury instruction falls under the category of trial tactics, which are not subject to review.”

   2 later decisions quote this exact passage
   e.g. Casey Sheldon Woods v. State of Mississippi · 267 So. 3d 749 - Alondo Greenleaf v. State of Mississippi

3. “[A]n offended party's failure to object to jury instructions at trial procedurally bars the issue on appeal.”

   2 later decisions quote this exact passage
   e.g. Joel Jones v. State of Mississippi · 243 So. 3d 198 - Keith Friston v. State of Mississippi