Bailey v. State’s Empirical Analysis

Citation profile

42 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When read together, if the jury instructions fairly state the law of the case and create no injustice, then no reversible error will be found.”

   6 later decisions quote this exact passage
   e.g. Phillips v. State · Vernell Daven Miskell v. State of Mississippi

2. “Jury instructions are generally within the discretion of the [circuit] court[,] and the settled standard of review is abuse of discretion.”

   3 later decisions quote this exact passage
   e.g. Bryan Morton v. State of Mississippi · Trevontae Johnson v. State of Mississippi

3. “Instruction D-26: The Court instructs the Jury that if you are unable to find the Defendant, Terry Hye, Jr., guilty of the felony crime of capital murder then you should continue your deliberations to consider the elements of the felony crime of Accessory After the Fact to Murder. Instruction D-28: To find Terry Hye, Jr. guilty of Accessory After the Fact, you must find to [sic] following: (1) a completed felony has been committed; (2) Terry Hye concealed, received, relieved, aided, or assisted a felon, knowing that such person had committed a felony; and (3) such assistance or aid was rendered with the intent to enable such felon to escape or avoid arrest, trial, conviction, or punishment after the commission of the felony.”

   2 later decisions quote this exact passage
   e.g. Williams v. State · Hye v. State