Osborne v. State’s Empirical Analysis
2003
Citation profile
4
cited by 4 later decisions
1
states following
August 2017
most recently cited
4 state decisions
Relationships
Relies on 568 So. 2d 1173 - Roundtree v. State · 475 So. 2d 1136 - Johnson v. State · 533 So. 2d 437 - Estes v. State · 462 So. 2d 902 - Payne v. State · 312 So. 2d 702 - Edmond 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Case law unequivocally holds that the trial judge `is in the best position for determining the prejudicial effect' of an objectionable comment." Alexander v. State, 602 So.2d 1180, 1182 (Miss.1992). The trial judge is vested with discretion to determine whether a comment is so prejudicial that a mistrial should be declared. Edmond v. State, 312 So.2d 702, 705 (Miss.1975). Absent "serious and irreparable damage," the trial judge should request the jury to disregard the improper statement and deny any motion for a mistrial. Roundtree v. State, 568 So.2d 1173, 1178 (Miss.1990). "It is well settled that when the trial judge sustains an objection to testimony and he directs the jury to disregard it, prejudicial error does not result." Estes v. State, 533 So.2d 437, 439 (Miss.1988). We presume that the jurors will follow the instructions given by the court. Payne v. State, 462 So.2d 902, 904 (Miss. 1984). "To presume otherwise would be to render the jury system inoperable." Johnson v. State, 475 So.2d 1136, 1142 (Miss.1985).”
2 later decisions quote this exact passage“Indeed, during the charge conference, even Rasheed's trial counsel felt obliged to acknowledge that the evidence did not seem to support a claim of self-defense. The trial judge did not abuse his discretion by refusing the instruction proffered by Rasheed. B. Aggravated-Assault Instruction ¶ 18. Rasheed also makes a related argument that the jury was improperly instructed on the elements of aggravated assault. The trial court instructed the jury that the State was required to prove beyond a reasonable doubt that”
1 later decision quote this exact passage“Without [the defendant] saying that he hit the officer in necessary self-defense, there [was] no basis to instruct the jury as to that possibility. Quite simply, self-defense was not [the defendant's] explanation for what happened.”
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.