Morris v. State’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In criminal cases which have issues pertaining to the exclusion of evidence or witnesses due to discovery violations, we look to Mississippi Rule of Uniform Circuit and County Court Practice 9.04(1), which provides that, if, prior to trial, the circuit court is made aware of one party’s failure to comply with an applicable discovery rule, it has the discretion to allow such evidence to be presented at trial, to grant a continuance, or to enter such an order as it deems just under the circumstances. If the circuit court determines that the defendant’s newly-discovered evidence or witnesses are prejudicial to the State, the State must ask for a continuance so that it may review the evidence or interview the witnesses and thus become prepared to counter the same. Even if the State does not ask for a continuance, the circuit court cannot exclude the evidence. Carraway v. State, 562 So.2d 1199, 1203 (Miss.1990). To do so would be to violate the Compulsory Process Clause. There is an exemption to this procedure, however: if the circuit court determines that the “defendant’s discovery violation is ‘willful and motivated by a desire to obtain a tactical advantage,’ ” the newly-discovered evidence or witnesses may be excluded. Id. at 1203 (quoting Darby v. State, 538 So.2d 1168, 1176 (Miss.1989)); see also Taylor, 484 U.S. at 415 , 108 S.Ct. 646 , 98 L.Ed.2d 798 . We find Morris’s discovery violation was willful and motivated by a desire to obtain a tactical advantage, and therefore t”

   2 later decisions quote this exact passage
   e.g. 54 So. 3d 253 - Williams v. State · 965 So. 2d 712 - Lindsey v. State

2. “In criminal cases which have issues pertaining to the exclusion of evidence or witnesses due to discovery violations, we look to Mississippi Rule of Uniform Circuit and County Court Practice 9.04(I), which provides that, if, prior to trial, the circuit court is made aware of one party's failure to comply with an applicable discovery rule, it has the discretion to allow such evidence to be presented at trial, to grant a continuance, or to enter such an order as it deems just under the circumstances. If the circuit court determines that the defendant's newly-discovered evidence or witnesses are prejudicial to the State, the State must ask for a continuance so that it may review the evidence or interview the witnesses and thus become prepared to counter the same. Even if the State does not ask for a continuance, the circuit court cannot exclude the evidence. [citation omitted]. To do so would be to violate the Compulsory Process Clause.”

   2 later decisions quote this exact passage
   e.g. Sandefer v. State · 962 So. 2d 649 - Jackson v. State

3. “if the circuit court determined] that the `defendant's discovery violation [was]”

   2 later decisions quote this exact passage
   e.g. Sandefer v. State · 965 So. 2d 712 - Lindsey v. State