614 So. 2d 898 - Lockett v. State’s Empirical Analysis

Citation profile

10 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Lockett had different counsel at trial and on appeal: William O. Townsend of Pearl, Mississippi, and Cullen C. Taylor of Brandon, Mississippi at trial — both guilt and penalty phase — Clive A. Stafford Smith of Atlanta, Georgia, on appeal. Lockett had a meaningful opportunity to raise the issue of ineffective trial counsel on direct appeal but did not do so. Therefore, this claim is procedurally barred by waiver unless Lockett has shown cause or actual prejudice in accordance with Miss. Code Ann. § 99-39-21 (4), (5). Lockett has not alleged nor shown cause nor actual prejudice for not raising this issue on direct appeal. See Wiley v. State, 517 So.2d 1373 (Miss. 1987); Evans v. State, 485 So.2d 276 (Miss. 1986). Therefore, this claim is procedurally barred by waiver pursuant to Miss. Code Ann. § 99-39-21 (1) (Supp. 1991).”

   3 later decisions quote this exact passage
   e.g. Lockett v. State · Moore v. State

2. “The Petitioner carries the burden of demonstrating that his claim is not procedurally barred.”

   2 later decisions quote this exact passage
   e.g. Lockett v. State · 656 So. 2d 68 - Lockett v. State

3. “In Mississippi, the proper instruction defining the especially heinous aggravating factor comes from Coleman v. State, 378 So.2d 640, 648 (Miss.1979): “the actual commission of the capital felony was accompanied by such additional acts as to set the crime apart from the norm of capital felonies—the conscienceless or pitiless crime which is unnecessarily torturous to the victim.” Lockett received such an instruction at his sentencing trial in Sentencing Instruction 2: “The Court instructs the Jury that the term ‘especially heinous, atrocious, or cruel’, as used elsewhere in these instructions is defined as being a conscienceless or pitless [sic] crime which is uneeessarily [sic] torturous to the victim.” The instruction, as given, tracks the Coleman language. Therefore, the jury in Lockett’s case was properly instructed on the especially heinous aggravating factor. This claim is without merit.”

   1 later decision quote this exact passage
   e.g. 980 F. Supp. 201 - Lockett v. Puckett