Nixon v. State’s Empirical Analysis

Citation profile

1 federal appellate · 4 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Accordingly, in determining whether a prisoner may avail himself of an intervening decision, this Court applies our PCR act to determine whether an issue raised on PCR is one warranting relief from waiver based on cause and actual prejudice, as contemplated by § 99-39-21(1), or one not procedurally barred, although litigated at trial and on direct appeal, because of the existence of cause and actual prejudice, as contemplated by § 99-39-21(2). Application of this test is based on state law grounds. See Miss.Code Ann. §§ 99-39-3, 99-39-21(1), and 99-39-21(2) (Supp.1993).”

   1 later decision quote this exact passage
   e.g. 929 So. 2d 885 - Manning v. State

2. “The first exception suggested by Justice Harlan — that a new rule should be applied retroactively if it places `certain kinds of primary, private individual conduct beyond the power of the criminal law-making authority to proscribe,'”

   1 later decision quote this exact passage · from the dissent
   e.g. 929 So. 2d 885 - Manning v. State

3. “the Powers decision should not be applied retroactively to Nixon's final conviction as the Powers rule is not a prerequisite to fundamental fairness of the type that may come within the exception.”

   1 later decision quote this exact passage
   e.g. 929 So. 2d 885 - Manning v. State