733 So. 2d 336 - Lee v. State’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “From the reading of this case one of the instances where evidence of another crime may be introduced is where identity of the Defendant is in question." Identity of the defendant is questioned. The cocaine buy between Brooks and Forrest, which happened on December 30, 1996, was captured on audiotape recording. Brooks said in the tape recording, "those statements that they was making in there, they wasn't talking about me." This statement alone called into question Brooks's identity. Brooks hoped that the tape would illustrate to the jury that he was not the one involved in the cocaine sale. Brooks insisted, against the advice of his counsel, that the entire and complete tape recording be played before the jury. Brooks asserted that playing the entire tape and not excerpts would "help fight [his] defense in saying that it was me in the tape." Brooks went on to say, "This guy that's—that's talking about it was Lennis that sold the dope, he don't know whether it was me or my uncle. He ain't—he ain't got his peoples right that he talking about." Brooks wanted the jury to believe that the wrong person was on trial for selling cocaine. Therefore, Bailey's testimony, which referenced the photograph he had seen of Brooks at the jail, was appropriate and necessary in order to ascertain Brooks's identity. The testimony of Bailey was not introduced to prove the character of Brooks, but to show that the right person was before the court. Therefore, the reference to the "jail photo" falls”

   1 later decision quote this exact passage
   e.g. 788 So. 2d 794 - Brooks v. State

2. “Brian Lee, on or about May 1 through May 30, 1996, in Hattiesburg, Forrest County, Mississippi, in violation of MCA section 97-1-1 (1994), did knowingly, willfully, and unlawfully conspire and agree with Karlton Bradley, David Watkins, Dan Campbell, and Chris Boulette and other persons unknown to the grand jury, to commit a felony crime . . . namely: to willfully, unlawfully, knowingly and intentionally sell Lysergic Acid Diethylamide (LSD) (a Schedule II controlled substance) to another person the subject of said conspiracy being a violation of M.C.A. section 41-29-139 (a)(1), (1996) of the Mississippi Uniform Controlled Substances Law . . . .”

   1 later decision quote this exact passage
   e.g. Lee v. State

3. “The admissibility of evidence related to prior bad acts is well established in Mississippi. Mississippi Rule of Evidence 404 provides that evidence of a person's character or a trait of his character is generally not admissible. The rule does, however, designate certain exceptions such as evidence of other crimes, wrongs or acts that are admissible to prove motive, opportunity, intent, preparation, plan, knowledge, identity....”

   1 later decision quote this exact passage
   e.g. 788 So. 2d 794 - Brooks v. State