Tapper v. State’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Count I: That JIMMY T. BROWN, Late of the County and State aforesaid, between the dates of July 1, 2009[,] and June 30, 2011, and within the jurisdiction of this Court, did willfully, unlawfully and feloniously, for the purpose of gratifying his lust or indulging his depraved licentious sexual desires, handle, touch or rub with his hands or any part of his ... body or any member thereof, [V.B.], a child under the age of eighteen (18) years and not the spouse of [ JBROWN; and the said [ ]BROWN being at the time a person above the age of eighteen (18) years and occupying a position of trust or authority over the said [V.B.], in direct violation of Section 97-5-23(2), Mississippi Code 1972 Annotated .... Count II: That JIMMY T. BROWN, Late of the County and State aforesaid, between the dates of July 1, 2001[,] and June 30, 2007, and within the jurisdiction of this Court, did willfully, unlawfully and feloniously, for the purpose of gratifying his lust or indulging his depraved licentious sexual desires, handle, touch or rub with his hands or any part of his ... body or any member thereof, [V.B.], a child under the age of sixteen (16) years and not the spouse of [ ]BROWN; and the said [ ]BROWN being at the time a person above the age of eighteen (18) years and occupying a position of trust or authority over the said [V.B.], in direct violation of Section 97- 5-23, Mississippi Code 1972 Annotated [[Image here]]”

   1 later decision quote this exact passage
   e.g. Jimmy T. Brown v. State of Mississippi

2. “HATTIE M. HAWKINS on or about the 23rd day of June, 2010 ... committed] the offense of Simple Assault of a Vulnerable Person in that Hattie M. Hawkins, while employed as a Certified Nursing Assistant at Heritage House Nursing Center, did willfully, negligently!;,] and feloniously inflict pain and/or injury upon Deserie S. Edwards, a vulnerable person as defined by § 43^7-5(n), in that Deserie S. Edwards was a resident of Heritage House Nursing Center; to wit: Hattie M. Hawkins, while knowingly engaged in improper lifting procedures, being aware that the victim required two persons to be moved from her bed, acted alone in knowingly placing the victim in a lift/sling improperly, and then allowed the victim to fall from the lift/sling to the floor by leaving the victim unattended causing multiple serious injuries, and then failed to inform appropriate staff or seek out medical treatment for the injuries inflicted upon Deserie S. Edwards. This act being in violation of § 97-3-7(1), Miss. Code Ann. (1972, as amended), contrary to the statute in such cases made and provided, and against the peace and dignity of the State of Mississippi.”

   1 later decision quote this exact passage
   e.g. 145 So. 3d 636 - State of Mississippi v. Hattie Hawkins

3. “So long as the jury that sits is impartial, the fact that the defendant had to use a peremptory challenge to achieve that result does not mean that the defendant was denied his constitutional rights. Ross v. Oklahoma, 487 U.S. 81, 88 , 108 S.Ct. 2273, 2278 , 101 L.Ed.2d 80, 90 (1988). This Court has explained that a prerequisite to presentation of a claim of a denial of constitutional rights due to denial of a challenge for cause is a showing that the defendant had exhausted all of his peremptory challenges and that the incompetent juror was forced by the trial court’s erroneous ruling to sit on the jury. Chisolm v. State, 529 So.2d 635, 639 (Miss.1988).”

   1 later decision quote this exact passage
   e.g. 79 So. 3d 529 - Russell v. State