687 So. 2d 1124 - Foster v. State’s Empirical Analysis
1996
Citation profile
119 state decisions
How this case has been cited
Cited by 123 later decisions — most recently December 2018 · most notably 863 So. 2d 836 - Byrom v. State (2003), 954 So. 2d 968 - Ross v. State (2007)
119 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Strickland v. Washington · Furman v. Georgia · United States v. Cronic · Ake v. Oklahoma · Jones v. Barnes
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 123 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“probability sufficient to undermine the confidence in the outcome.”
50 later decisions quote this exact passage“The doctrine of res judicata shall apply to all issues, both factual and legal, decided at trial and on direct appeal.”
11 later decisions quote this exact passagee.g. Wiley v. State · Wilcher v. State“Post-conviction proceedings are for the purpose of bringing to the trial court's attention [to] facts not known at the time of judgment. Smith v. State, 477 So.2d 191 (Miss.1985). The Post-conviction Collateral Relief Act provides a procedure limited in nature to review those matters which, in practical reality, could not or should not have been raised at trial or on direct appeal. Turner v. State, 590 So.2d 871 (Miss.1991); Cabello v. State, 524 So.2d 313, 323 (Miss. 1988). Procedural bars of waiver, different theories, and res judicata and exception thereto as defined in post-conviction relief statute are applicable in death penalty post-conviction relief application. Lockett v. State, 614 So.2d 888 (Miss. 1992), cert. denied, 510 U.S. 1040 , 114 S.Ct. 681 , 126 L.Ed.2d 649 (1994). We have repeatedly held that a defendant is procedurally barred by waiver from making a challenge to a capital sentencing scheme as a whole in a petition for post-conviction relief where the issue was capable of determination at trial and/or on direct appeal but was not raised, and defendant failed to show cause or actual prejudice for not raising the issue on direct appeal. Lockett v. State, 614 So.2d 898 (Miss.1992), cert. denied, 510 U.S. 1040 , 114 S.Ct. 681 , 126 L.Ed.2d 649 (1994); Smith v. State, 477 So.2d 191 (Miss.1985). Post-conviction relief is not granted upon facts and issues which could or should have been litigated at trial and on appeal. `The doctrine of res judicata shall apply t”
7 later decisions quote this exact passagee.g. Wiley v. State · Wilcher v. State
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.