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← 477 SO2D 191 - Smith v. State

Smith v. State’s Empirical Analysis

1985

Citation profile

60
cited by 60 later decisions
1
states following
January 2018
most recently cited

2 federal appellate · 55 state decisions

How this case has been cited

Cited by 60 later decisions — most recently January 2018 · most notably 42 So. 3d 503 - Rowland v. State (2010), Blue v. State (1996)

2 federal appellate · 55 state decisions

2401985199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on 430 So. 2d 832 - Read v. State · Brooks v. State · 434 So. 2d 212 - Smith v. State · 462 So. 2d 902 - Payne v. State · 419 So. 2d 165 - Callahan 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 60 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “post-conviction relief in Mississippi is not granted upon facts and issues which could or should have been litigated at trial and on appeal.”
    6 later decisions quote this exact passage · from the majority
  2. “Every person convicted in this state of a felony who shall have been convicted twice previously of any felony or federal crime upon charges separately brought and arising out of separate incidents at different times and who shall have been sentenced to separate terms of one (1) year or more in any state and/or federal penal institution, whether in this state or elsewhere, shall be sentenced to the maximum term of imprisonment prescribed for such felony, and such sentence shall not be reduced or suspended nor shall such person be eligible for parole or probation.”
    2 later decisions quote this exact passage
  3. “(1) Failure by a prisoner to raise objections, defenses, claims, questions, issues or errors either in fact or law which were capable of determination at trial and/or on direct appeal, regardless of whether such are based on the laws of the Constitution of the [S]tate of Mississippi or of the United States, shall constitute a waiver thereof and shall be procedurally barred, but the court may upon a showing of cause and actual prejudice grant relief from the waiver.”
    2 later decisions quote this exact passage · from the majority

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.