Public-domain · open source
OpenJurist
← 18 SO3D 842 - Davis v. State

Davis v. State’s Empirical Analysis

2009

Citation profile

43
cited by 43 later decisions
2
states following
February 2019
most recently cited

43 state decisions

Relationships

Relies on United States v. Powell · United States v. Bailey · 895 So. 2d 836 - Bush v. State · 460 So. 2d 778 - May v. State · 665 So. 2d 852 - Eakes v. State

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

  1. “In other words, if all instructions taken as a whole fairly, but not necessarily perfectly, announce the applicable rules of law, no error results.”
    8 later decisions quote this exact passage
  2. “[a] defendant is entitled to have jury instructions given which present his theory of the case; however, this entitlement is limited in that the court may refuse an instruction which incorrectly states the law, is covered fairly elsewhere in the instructions, or is without foundation in the evidence.”
    3 later decisions quote this exact passage
  3. “(1) on or about January 9, 2005 in Coahoma County, Mississippi the Defendant, WANDA CLARK, did individually or while aiding and abetting another, (2) unlawfully, willfully, and felo-niously whip, strike, or otherwise abuse or mutilate a child, [Hailey], (3) who was fifteen (15) years of age, (4) causing bodily injury by beating [Hailey] with an extension cord about the arms, legs, back and torso, and (5) said abuse was not in self-defense or to prevent bodily harm to a third party, then you shall find the Defendant, WANDA CLARK, guilty in Count II of Felonious Abuse/Battery of a Child. If the State failed to prove any one or more of the above elements beyond a reasonable doubt, then you shall find the defendant not guilty in Count II.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.