Public-domain · open source
OpenJurist
← 660 SO2D 1268 - Gibson v. State

Gibson v. State’s Empirical Analysis

1995

Citation profile

9
cited by 9 later decisions
1
states following
October 2018
most recently cited

9 state decisions

Relationships

Relies on 206 So. 2d 200 - Bucklew v. State · Miller v. State · Williams v. State · Dill v. State · 403 So. 2d 149 - Murray 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “A person is guilty of aggravated assault if he (a) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life; or (b) attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm....”
    2 later decisions quote this exact passage
  2. “The defendant, ERIC TROY POWELL a/k/a TROY McCLINTON, has been charged in the indictment with the offense of aggravated assault upon a law enforcement officer. If you find from the evidence in this case beyond a reasonable doubt that: 1. Eric Troy Powell, on or about the 13th day of August, 1995, in Marshall County, Mississippi, 2. purposely and knowingly attempted to cause bodily injury to Randy Harper, 3. by trying to shoot the said Randy Harper with a pistol, and 4. Randy Harper was a law enforcement officer acting within the scope of his duties, then you shall find the defendant guilty as charged under the Indictment. . . . If the State has failed to prove any one or more of the above listed elements beyond a reasonable doubt, then you shall find the defendant not guilty.”
    1 later decision quote this exact passage
  3. “Gibson was ordered to drop the gun by the officer at which the gun was pointed. The record does not reflect that Gibson was aware of any other officers in the vicinity, so Gibson, at least in his own mind, had the advantage. We do not know, from the record, why Gibson did not shoot the officer. After all he had the means and every opportunity to do so. The State's suggestion that the officer's command to drop the weapon was an extraneous event which prevented Gibson from shooting the officer is far fetched”
    1 later decision quote this exact passage

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.