912 So. 2d 730 - Hodges v. State’s Empirical Analysis

Citation profile

1 federal appellate · 29 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the State is allowed to rebut mitigating evidence through cross-examination, introduction of rebuttal evidence or by argument.”

   12 later decisions quote this exact passage
   e.g. Morris v. State · Moss v. State

2. “[i]ssues which may be raised in post-conviction proceedings may also be raised on direct appeal”

   2 later decisions quote this exact passage
   e.g. Hodges v. State · Havard v. State

3. “Hodges burglarized the home with the intent to commit an assault. Cora testified that Hodges informed her that the reason he went to her house that night was to kill her and her mother if she had been there. Before arriving at Cora's house, Hodges went home and changed into black clothes, black gloves and a beige ski mask. Hodges did not park in the driveway to the house but parked two houses down. The jury could have easily concluded that Hodges disguised himself in order to conceal his identity and when Isaac still recognized him, Hodges shot him in order to avoid apprehension and eventual arrest. Since efforts to avoid arrest after the murder may also be considered, there is ample evidence of Hodges's continued attempts to avoid arrest. After shooting Isaac, Hodges took the phone off the hook. The jury could have concluded that this was done in order to keep Isaac from calling 911 after he was shot. Hodges also kidnaped Cora and her baby and fled the State. On the way to Alabama, Hodges made Cora throw his ski mask out the window of the car. This Court has held that efforts to dispose of and/or conceal the evidence of the crime are sufficient to support the avoiding arrest instruction. Wiley v. State, 750 So.2d 1193, 1206 (Miss.1999). To further conceal evidence of his crime, Hodges and his sister hid the gun that was used to shoot Isaac. This Court finds ample evidence in the record from which it may be reasonably inferred that a substantial reason for the killing was to ”

   1 later decision quote this exact passage · from the majority
   e.g. Hodges v. State