755 So. 2d 451 - Webster v. State’s Empirical Analysis

Citation profile

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

1. “It is this Court's finding that the trial court properly admitted the testimony under Rule 404(b) because it indicated both a possible motive and showed intent. Furthermore, the trial court did make an adequate on-the-record finding regarding relevancy under Rule 403. Lastly, Webster is correct; no limiting instruction was sought or given by the court sua sponte. "Although Smith held it reversible error for the court not to give a limiting instruction sua sponte, neither Smith or any other case on point that had this type of error held that this oversight is not subject to a harmless error analysis." Moss v. State, 727 So.2d 720 (¶ 23)(Miss.Ct.App.1998). In Givens v. State, 96-KA-00650-COA, 730 So.2d 81 (¶ 33)(Miss.Ct.App.1998), this Court cited Forrest v. State, 335 So.2d 900, 903 (Miss.1976), where the supreme court stated, "An error is harmless only when it is apparent on the face of the record that a fair minded jury could have arrived at no verdict other than that of guilty." (citations omitted).”

   2 later decisions quote this exact passage
   e.g. 817 So. 2d 515 - Webster v. State · 754 So. 2d 1232 - Webster v. State

2. “In the case sub judice, Webster exercised his first five peremptory challenges on white jurors. Webster then attempted to strike Juror No. 2, and the State objected challenging the strike under Batson and its progeny. It is this Court's finding that determination of whether a prima facie case exists must focus on whether Webster was excluding all or almost all of the potential white jurors. Since that occurred here, an explanation was required. Webster then gave his explanation for striking Juror No. 2, and the court rejected it holding that it was not race-neutral. Webster attempted to further justify the strike, but the court refused to change its ruling. As stated above, trust is placed in a trial judge to determine whether or not a discriminatory motive drives the reasons given for striking a potential juror. The determination of discriminatory intent will likely turn on a trial judge's evaluation of a presenter's credibility and whether an explanation should be believed. Id.; Batson, 476 U.S. at 98 [, 106 S.Ct. 1712 ]. Thus, trial courts are given great deference in their findings of fact surrounding a Batson challenge. Lockett, 517 So.2d at 1350. This deference specifically includes a trial judge's determination of any racially discriminatory motive underlying any articulated reasons given. Harper, 635 So.2d at 868. The following dialogue occurred between the parties when Webster attempted to strike Juror No. 2: BY MR. ROSSI: Your Honor, the State would challenge under ”

   1 later decision quote this exact passage
   e.g. 754 So. 2d 1232 - Webster v. State

3. “In the case at bar, no facts or evidence appeared in the testimony that the killing occurred both by self-defense and by accident. Webster testified that since Rosebur was outside with a knife, he grabbed a butter knife when he attempted to leave, and that the two of them began to chase each other around. Webster stated that realizing that the butter knife would not protect him, he grabbed a stick that was on the ground. Webster stated that as they were fighting each other, the next thing he saw was blood coming from Rosebur's chest. Webster testified that Rosebur stabbed himself during the altercation; however, testimony from Curtis and the state pathologist contradicted Webster's account of what actually took place. Curtis testified that as he was standing in the doorway, Webster walked past him with a butcher knife behind his back, approached Rosebur from behind, and stabbed him in the neck. Dr. Stephen Hayne, the medical examiner, testified that Rosebur's fatal stab wound would have been consistent with being stabbed from behind if the assailant was right-handed. Dr. Hayne stated: [T]he stab wound to the decedent traveled slightly to the left and normally stab wounds, if they're being inflicted from the front by a right-handed person, usually travels slightly to the left at approximately 10 degrees as well as going downward at approximately 60 degrees. So it would be consistent with a stab wound from behind. Moreover, on cross-examination, Dr. Hayne testified that he did ”

   1 later decision quote this exact passage
   e.g. 754 So. 2d 1232 - Webster v. State