Davis v. State’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Procedure for proof of prior convictions under the habitual criminal statute. In cases involving enhanced punishment for subsequent offenses under the Habitual Criminal Statute [ Miss. Code Ann. § 99-19-83 (Supp. 1978)]: (1) The indictment must include both the principal charge and a charge of previous convictions. The indictment must allege with particularity the nature or description of the offense constituting the previous felonies, the state or federal jurisdiction of previous conviction, and the date of judgment. The indictment shall not be read to the jury. (2) Separate trials shall be held on the principal charge and on the charge of previous convictions. In the trial on the principal charge, the previous convictions will not be mentioned by the state or the court except for impeachment purposes. (3) If the defendant is convicted on the principal charge, a hearing before the court will then be conducted on the previous convictions.”

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

2. “(giving a cautionary instruction) regarding the prohibition against using prior convictions as substantive evidence of guilt of the cardinal charge, the proof falls outside of the `forbidden inferential sequence'”

   1 later decision quote this exact passage
   e.g. 829 So. 2d 29 - Kolberg v. State

3. “the jury's resolution of credibility issues will not be upset by this Court on review”

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