684 So. 2d 625 - Hunter v. State’s Empirical Analysis

Citation profile

1 federal appellate · 101 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 107 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Because the [S]tate has to prove each element of the crime beyond a reasonable doubt, then the [S]tate also has to ensure that the jury is properly instructed with regard to the elements of the crime.”

   6 later decisions quote this exact passage
   e.g. 996 So. 2d 756 - Moore v. State · 829 So. 2d 29 - Kolberg v. State

2. “The jurors are representatives of the community in one sense, but they are not to vote in a representative capacity. Each juror is to apply the law to the evidence and vote accordingly. The issue which each juror must resolve is not whether or not he or she wishes to "send a message" but whether or not he or she believes that the evidence showed the defendant to be guilty of the crime charged. The jury is an arm of the State but it is not an arm of the prosecution. The State includes both the prosecution and the accused. The function of the jury is to weigh the evidence and determine the facts. When the prosecution wishes to send a message they should employ Western Union. Mississippi jurors are not messenger boys.”

   5 later decisions quote this exact passage · from the concurrence
   e.g. Payton v. State · 803 So. 2d 1229 - Triggs v. State

3. “Failure to submit to the jury the essential elements of the crime is `fundamental' error.”

   5 later decisions quote this exact passage
   e.g. Michael Donaldson v. State of Mississippi · Gray v. State