873 So. 2d 991 - Carr v. State’s Empirical Analysis

Citation profile

1 federal appellate · 51 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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “cannot give rise to an ineffective assistance of counsel claim.”

   9 later decisions quote this exact passage
   e.g. Akeem Rasheed v. State of Mississippi · James C. Graham v. State of Mississippi

2. “In order to preserve an issue for appeal, counsel must object. The failure to object acts as a waiver.”

   7 later decisions quote this exact passage
   e.g. Willard Randall Marquis v. State of Mississippi · Aaron Lyons v. State of Mississippi

3. “¶ 11. In Brady v. Maryland, 373 U.S. 83, 87 , 83 S.Ct. 1194, 1196-97 , 10 L.Ed.2d 215 (1963), the United States Supreme Court established the principle that "suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution." In determining whether a Brady violation has occurred, and thus a new trial is mandated, this Court applies the four-part Brady test adopted in King v. State, 656 So.2d 1168, 1174 (Miss.1995), under which the defendant must prove: a. that the State possessed evidence favorable to the defendant (including impeachment evidence); b. that the defendant does not possess the evidence nor could he obtain it himself with any reasonable diligence; c. that the prosecution suppressed the favorable evidence; and d. that had the evidence been disclosed to the defense, a reasonable probability exists that the outcome of the proceedings would have been different. Id. at 1174 .”

   4 later decisions quote this exact passage
   e.g. 891 So. 2d 179 - Montgomery v. State · 994 So. 2d 707 - Thorson v. State