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← 764 So. 2d 479 - Weaver v. State

764 So. 2d 479 - Weaver v. State’s Empirical Analysis

2000

Citation profile

6
cited by 6 later decisions
1
states following
November 2015
most recently cited

6 state decisions

Relationships

Relies on 728 So. 2d 565 - Kirksey v. State · 437 So. 2d 1218 - Cobb v. State · 582 So. 2d 425 - McCreary 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “It is further adjudicated and the court so finds that the banishment provision herein bears a reasonable relationship to the purposes of the suspended sentence or probation, that the ends of justice and the best interest of the public and the Defendant will be served by such banishment during the period of the suspended sentence, that the banishment provision of the suspended sentence does not violate the public policy of the State of Mississippi, that the banishment provision of the suspended sentence herein does not defeat the rehabilitative purpose of the probation and/or suspended sentence, and such provision does not violate the Defendant's rights under the First, Fifth, and Fourteenth Amendments of the United States Constitution.”
    2 later decisions quote this exact passage
  2. “[T]he trial judge failed to articulate the benefits of Weaver's banishment. In order for the instant case to fall directly within the scope of the Mississippi Supreme Court's decision in Cobb , the benefits of Weaver's banishment must be established and on the record. Herein lies the error in the lower court's decision, and the basis for our reversing and remanding this case.”
    1 later decision quote this exact passage
  3. “upon his good behavior and subject to the conditions in Section 47-7-35 of the Miss. Code with the exception of subsections d and e. . . .”
    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.