Estes v. State’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Moreover, proposed instruction D-4 was properly refused because it did not correctly state the law. A trial court cannot be put in error for refusing an instruction that Misstates the law. Willie v. State, 585 So.2d 660, 673 (Miss.1991). The portion of instruction D-4 in error required the State, in order to find him guilty, to prove that Estes, a convicted felon, had not received a pardon for the felony, or had not received a certificate of rehabilitation pursuant to Miss.Code Ann. § 97-37-5(c) (Rev.1994). When a fact is peculiarly within the knowledge of one of the parties so that innocence can be proven with no difficulty, the law will not render it incumbent upon the other side to prove the innocence. Miller v. State, 105 Miss. 777, 779 , 63 So. 269, 269 (1913). This is an affirmative defense which would have placed the burden on Estes to establish. Thus, it is not upon the State to prove a negative. Id.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Hicks v. State

2. “[w]hile anxiety of the accused is a cause of concern, where there is no other prejudice asserted on the defendant's part, this factor has little weight in his favor.”

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

3. “We emphasize that failure to assert the right will make it difficult for a defendant to prove that he was denied a speedy trial.”

   1 later decision quote this exact passage
   e.g. 831 So. 2d 562 - Felder v. State