841 So. 2d 158 - Hester v. State’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A defendant does not have the power to block lesser-included offense instructions. “[The Mississippi Supreme Court has] recognize[d] in certain cases, as a matter of trial strategy, defense counsel may wish to have the. case put to the jury on an all or nothing basis, the jury’s alternatives being to find the defendant guilty as charged in the indictment or acquitted. Our law, however, allows the prosecution to request and obtain lesser-included offense instructions, as it does the defense.” The principal requirement for allowing a lesser-included-offense instruction is that there be evidence to support it.”

   1 later decision quote this exact passage
   e.g. 84 So. 3d 812 - Buchanan v. State

2. “When the character of a person is relevant, ‘proof may be made by testimony as to reputation or by testimony in the form of an opinion.' ” Jenkins, 912 So.2d at 173 (¶ 32) (quoting McGilberry v. State, 797 So.2d 940, 941 (¶ 7) (Miss.2001)). In addition,' “[w]hen the character of a person ‘is an essential element of a charge, claim, or defense,' specific instances of conduct are admissible.” Hester, 841 So.2d at 163 (¶ 16) (quoting M.R.E. 405(b)).”

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

3. “[i]n order to authorize [a lesser-included offense] instruction the more serious offense must include all the elements of the lesser offense, that is, it is impossible to commit the greater offense without at the same time committing the lesser-included offense.”

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