941 So. 2d 804 - Lambert v. State’s Empirical Analysis

Citation profile

33 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When reviewing a lower court's decision to deny a petition for post conviction relief this Court will not disturb the trial court's factual findings unless they are found to be clearly erroneous. However, where questions of law are raised the applicable standard of review is de novo.”

   9 later decisions quote this exact passage
   e.g. Carreiro v. State · Derrick Stokes v. State of Mississippi

2. “That there has been an'intervening decision of the Supreme Court of either the State of Mississippi or the United States which would have actually adversely affected the outcome of [the movant’s] conviction or sentence or that [the mov-ant] has evidence, not reasonably discoverable at the time of trial, which is of such nature that it would be practically conclusive that had such been introduced at trial it would have caused a different result in the conviction or sentence; or [t]hat, even if the petitioner pled guilty or nolo contendere, or confessed or admitted to a crime, there exists biological evidence not tested, or, if previously tested, that can be subjected to additional DNA testing that would provide a reasonable likelihood of more probative results, and that testing would demonstrate by reasonable probability that the [movant] would not have been convicted or would have received a lesser sentence if favorable results had been obtained through such; forensic DNA testing at the time of the original prosecution. Likewise excepted áre those cases in which the [movant] claims that his sentence has expired or his probation, parole or conditional release has been unlawfully révbked. Likewise excepted are filings for post-conviction relief in capital cases which shall be made within one (1) year after conviction.”

   2 later decisions quote this exact passage
   e.g. 197 So. 3d 427 - James Gandy, Jr. v. State of Mississippi · 198 So. 3d 449 - Jeffery Walton v. State of Mississippi

3. “.,. on/or about the 25th day of October ... 1984[,] did then and there, without authority of law, wilfully, unlawfully and feloniously kill and murder Tracey Thompkins Hickman, a human being, while he, the said Bobby Joe Pickney [sic] was then and there engaged in the commission of the crime of burglary of said dwelling house of Tracey Thomp-kins Hickman, by ... the said Bobby Joe Pickney [sic] then and there wilfully, unlawfully and feloniously breaking and entering the dwelling house of Tracey Thompkins Hickman, said dwelling house being thén and there occupied by Tracey - Thompkins Hickman, with his intent then and there unlawfully, felo-.niously and burglariously to take, steal and carry away the personal property of Tracey Thompkins Hickman, then and there situated in said dwelling house, in violation, of Section 97-3-19(2)(e), Mississippi Code, 1972, ... contrary to the form of the statute in such cases- made and provided, and against the .peace and dignity of the State of Mississippi[,] •”

   1 later decision quote this exact passage
   e.g. 192 So. 3d 337 - Bobby Joe Pinkney v. State of Mississippi