859 So. 2d 1039 - Brown v. State’s Empirical Analysis
2003
Citation profile
2
cited by 2 later decisions
1
states following
March 2005
most recently cited
2 state decisions
Relationships
Relies on Johnson v. State · 744 So. 2d 244 - Gibby v. State · 827 So. 2d 721 - Blue 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In Gibby , the defendant "poked something hard through his jacket pocket into the victim's ribs." The victim did not see the hard object but assumed it was a gun. A divided Mississippi Supreme Court, finding that the evidence was insufficient to support the defendant's conviction of armed robbery, reversed and remanded for sentencing on the lesser offense of simple robbery.... We find ... Gibby ... distinguishable from our case. Here, Gates not only felt the weapon at her side but she also saw the weapon. Later, after Brown was arrested, she was able to identify the tool-like object as the weapon used in the robbery. Moreover, Brown was apprehended with the weapon still on his person. While the facts here are strikingly similar to those in Gibby , one significant difference exists. In Gibby , the robbery victim never saw the object. Therefore, there was an absence of the element requiring the exhibition of a deadly weapon. [The ... victim in Gibby ... [n]ever saw a weapon or the outline of a weapon. Here, as we have already noted, Gates was able to see the sharp instrument before the robbery was completed. Consequently, we find that the exhibition element of the crime was sufficiently proven.”
1 later decision quote this exact passage“poked something hard through his jacket pocket into the victim's ribs.”
1 later decision quote this exact passage“good look at the object during the course of the robbery,”
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.