902 So. 2d 615 - Forkner v. State’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A]dequate notice is achieved through formal pleadings[,] which include the specific amendment to be offered and which are filed sufficiently in advance of trial to ensure that a defendant will have a fair opportunity to present a defense and will not be unfairly surprised. Whether notice of a possible enhanced sentence was given sufficiently in advance of trial should be considered on a case-by-case basis.”

   3 later decisions quote this exact passage
   e.g. Mark Atkinson v. State of Mississippi · Evans v. State

2. “[i]t is permissible to amend the indictment on the date of trial and to charge the defendant as a habitual criminal under Mississippi Code Annotated § 99-19-83 , when defense counsel is aware of the State's intentions and the defendant is fully aware of the State's intentions during plea negotiations.”

   2 later decisions quote this exact passage
   e.g. 994 So. 2d 864 - Commodore v. State · 943 So. 2d 746 - Jackson v. State

3. “The test for whether an amendment to the indictment will prejudice the defense is whether the defense as it originally stood would be equally available after the amendment is made.”

   1 later decision quote this exact passage
   e.g. 911 So. 2d 1007 - Ford v. State