360 So. 2d 1206 - Bell v. State’s Empirical Analysis

Citation profile

1 federal appellate · 128 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 143 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he presumption is that the trial judge properly performed his duties....”

   8 later decisions quote this exact passage
   e.g. Young v. State · Vardaman v. State

2. “"The remaining twenty cases in which the death sentence was affirmed were for the crime of murder. Of that twenty, three involved the murder of an inmate by another inmate at the state penitentiary, two involved the murder of police officers, eight are murders with various aggravating circumstances and most significantly, seven of the cases involved murder in which the aggravating circumstance of robbery or burglary was present. Anderson v. State, 246 Miss. 821 , 152 So.2d 702 (1963); Simmons v. State, 241 Miss. 481 , 130 So.2d 860 (1961); Thompson v. State, 231 Miss. 624 , 97 So.2d 227 (1957); Jones v. State, 228 Miss. 458 , 88 So.2d 91 (1956); Keeler v. State, 226 Miss. 199 , 84 So.2d 153 (1955); Gilmore v. State, 225 Miss. 173 , 82 So.2d 838 (1955); Lewis v. State, 222 Miss. 140 , 75 So.2d 448 (1954). ..... "We also note that while no death sentences have been affirmed in this Court since 1964, other jurisdictions have recently considered similar cases and have approved the penalty imposed. Richmond v. State, 114 Ariz. 186 , 560 P.2d 41 (1976), cert. den'd, 433 U.S. 915 , 97 S.Ct. 2988 , 53 L.Ed.2d 1101 (1977) [murder armed robbery]; Cooper v. State, 336 So.2d 1133 (Fla. 1976), cert. den'd, 431 U.S. 925 , 97 S.Ct. 2200 , 53 L.Ed.2d 239 (1977) [murder armed robbery]; Harris v. State, 237 Ga. 718 , 230 S.E.2d 1 (1976) [Execution style murder], cert. den'd, 431 U.S. 933 , 97 S.Ct. 2642 , 53 L.Ed.2d 251 (1977); Floyd v. State, 233 Ga. 280 , 210 S.E.2d 810 (1974), cert. den'd, ”

   2 later decisions quote this exact passage
   e.g. Washington v. State · 361 So. 2d 61 - Washington v. State

3. “Balancing the mitigating factors before the jury against the aggravating factors before the jury, we cannot say the jury was erroneous in its conclusion. The jury was fully aware of Bell's denial that he actually shot the victim and aware of his testimony that he had asked McFarland not to shoot the victim at one time. They also had before them the testimony relating to the use of drugs prior to the execution. However, in balancing this against Bell's clear and voluntary participation in armed robbery, kidnapping and the execution style murder, the jury concluded the death sentence was required. We cannot say the jury was incorrect but rather they were more than justifiably correct. ( 360 So.2d at 1213 ).”

   2 later decisions quote this exact passage
   e.g. 375 So. 2d 994 - Gray v. State · 635 So. 2d 789 - Wilcher v. State