585 So. 2d 738 - Moore v. State’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “There is a distinction between release on probation by the circuit or county courts, Miss.Code Ann. § 47-7-33 (1972) and release on parole by the State Parole Board. The authority to place a prisoner on parole and the subsequent revocation of parole is vested in the State Parole Board. The board has the exclusive responsibility for the granting of parole as well as the exclusive authority for the revocation of parole. See Miss.Code Ann. § 47-7-5(3) (Supp. 1990). Miss.Code Ann. § 47-7-33 (1972), on the other hand, authorizes a circuit or county court "... to suspend the imposition or execution of sentence, and place the defendant on probation ..." See Sisson v. State, 483 So.2d 1338 (Miss. 1986); Leonard v. State, 271 So.2d 445 (Miss.1973). Likewise, Miss.Code Ann. § 47-7-37 grants to the circuit and county courts the authority to revoke probation. It provides that "[t]he period of probation shall be fixed by the court, and may at any time be extended or terminated by the court, or judge in vacation [but][s]uch period with any extension shall not exceed five (5) years." See Leonard v. State, supra . This statute does not say that a suspended sentence must be revoked within five (5) years after initial sentencing. Rather, it says the maximum duration for the period of probation shall not exceed five (5) years.”

   3 later decisions quote this exact passage
   e.g. Goss v. State · 887 So. 2d 184 - State v. Hayes

2. “`[p]robation' denotes a release of the defendant, under suspension of sentence, into the community under the supervision of a probation officer.”

   2 later decisions quote this exact passage
   e.g. Goss v. State · 754 So. 2d 1207 - Carter v. State

3. “At any time during the period of probation the court, or judge in vacation, may issue a warrant for violating any of the conditions of probation or suspension of sentence and cause the probationer to be arrested. Any probation and parole officer may arrest a probationer without a warrant, or may deputize any other officer with power of arrest to do so by giving him a written statement setting forth that the probationer has, in the judgment of the probation and parole officer, violated the conditions of probation. Such written statement delivered with the probationer by the arresting officer to the official in charge of a county jail or other place of detention shall be sufficient warrant for the detention of the probationer.”

   1 later decision quote this exact passage
   e.g. 994 So. 2d 850 - Leech v. State