260 So. 2d 445 - Clark v. State’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “After having considered the foregoing rule, we are convinced that this rule will aid in promoting better judicial procedure and should be implemented by this Court. It is, therefore, the rule of this Court that specific objections to jury instructions not raised in the trial court will not be considered on appeal, except in extreme cases where this Court may raise an objection to a jury instruction in order to prevent injustice. This rule will take effect and be in force as to all cases tried after June 1, 1971.”

   3 later decisions quote this exact passage
   e.g. Smith v. State · 478 So. 2d 1017 - Harper v. State

2. “... There are a few cases where the comments are of the character here under consideration in which we have held that the comments did not amount to reversible error. In those cases there was either an eye witness other than the accused available to him and who was not placed on the stand, or the guilt of the accused was so manifest that no fair jury could have returned a verdict other than guilty. Chatman v. State, 244 Miss. 659 , 145 So.2d 707 (1962)... .”

   1 later decision quote this exact passage
   e.g. Conway v. State

3. “§ 13-1-9. Competency of an accused. The accused shall be a competent witness for himself in any prosecution for crime against him. The failure of the accused, in any case, to testify shall not however operate to his prejudice or be commented on by counsel. [Emphasis added]”

   1 later decision quote this exact passage
   e.g. 485 So. 2d 681 - West v. State