584 So. 2d 1260 - Settles v. State’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “This brings us to a consideration of whether Settles has properly preserved the issue. In Saucier v. State, 562 So.2d 1238, 1245 (Miss. 1990), we held that in order to preserve the issue whether a court erred in ruling on a motion to limit use of prior convictions the least that is required of the criminal defendant is that a proffer be made of the testimony that he would have offered but for the ruling. Id. at 1245 . While, as we note above, the content of defendant's testimony may be of little assistance to the trial court in making a decision on admissibility, the requirement of a proffer serves two purposes. It provides a modicum of assurance that the requested ruling is not purely advisory and, most importantly, it provides a basis for this court's harmless error analysis. Of course, if a proffer is required in the face of an erroneous ruling, surely no less is required to preserve the issue where no ruling is made. Settles made no such proffer. Under the circumstances we need not reach the question urged upon us by the state, whether, the failure to actually testify is an absolute bar to the question of the availability of prior conviction evidence. Settles' conviction must be affirmed because he failed preserve the issue in the manner we have prescribed in Saucier, 562 So.2d 1238 .”

   4 later decisions quote this exact passage
   e.g. Walker v. State · 849 So. 2d 1281 - Murray v. State

2. “delay is absolutely necessary to a fair presentation of the issue.”

   3 later decisions quote this exact passage
   e.g. Johnson v. State · 755 So. 2d 1256 - Sanders v. State

3. ““The dangerous convictions are for crimes which are substantially similar to the crime charged and those which, while not similar, have limited application to the issue of credibility but enormous potential for overwhelming the relevant facts of the crime charged. A convicted sex offender, for example, may suffer substantially from that fact in a shoplifting prosecution.” Settles, 584 So. 2d at 1264 .”

   2 later decisions quote this exact passage
   e.g. 233 Ill. 2d 62 - People v. Patrick · 829 So. 2d 1253 - Malone v. State