856 So. 2d 328 - State v. Oliver’s Empirical Analysis
2003
Citation profile
10 state decisions
How this case has been cited
Cited by 10 later decisions — most recently August 2023
10 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Ashe v. Swenson · United States v. Oppenheimer · 607 So. 2d 1184 - Wallace v. State · 429 So. 2d 245 - Sanders v. State · 764 So. 2d 411 - Farris 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Because of the different issues in a revocation hearing and trial on the indictment, the different burdens of proof, the different arbiters of fact, and issues of public policy, collateral estoppel does not forbid subsequent prosecution. The specific issue litigated in a revocation hearing differs from that of a trial on the merits. A revocation hearing is conducted to enforce the court’s order imposing conditions on a defendant under a suspended sentence. The issue to be determined at trial on the indictment is whether the State has proven beyond a reasonable doubt the elements of the charge. These are very different issues; therefore, collateral estoppel does not apply.”
1 later decision quote this exact passagee.g. Oliver v. State“means that the jury failed to find beyond a reasonable doubt that the defendant was guilty. The jury may well have concluded that there was strong evidence against the defendant though of a lesser dignity than beyond a reasonable doubt. For example, the jury may have found by a preponderance of the evidence that the defendant was guilty. The jury may even have considered that the evidence of guilt was clear and convincing but because it did not rise to the dignity of beyond a reasonable doubt nevertheless, taking their oaths seriously, the jurors returned a not[-]guilty verdict.”
1 later decision quote this exact passage“Because collateral estoppel does not work in all criminal cases, [the Mississippi Supreme Court has indicated a preference for resolving prior litigated factual issues in criminal cases] `in pure double jeopardy terms, never mentioning collateral estoppel.'”
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.