947 So. 2d 254 - Brawner v. State’s Empirical Analysis

Citation profile

37 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The purpose of the indictment is to provide the accused reasonable notice of the charges against him so that he may prepare an adequate defense.”

   3 later decisions quote this exact passage
   e.g. Berry v. State · Walker v. State

2. “(1) a second prosecution for the same offense after acquittal; (2) a second prosecution for the same offense after conviction and (3) multiple punishments for the same offense. These protections stem from the premise that an accused should not be tried or punished twice for the same offense. Double jeopardy operates as a bar against repeated attempts to convict, with consequent subjection of the defendant to embarrassment, expense, anxiety, and insecurity, and the possibility that he may be found guilty even though innocent.”

   2 later decisions quote this exact passage
   e.g. 990 So. 2d 206 - Colburn v. State · 967 So. 2d 701 - Moreno v. State

3. “We have consistently upheld the use of the underlying felony as an aggravating factor during sentencing. Goodin v. State, 787 So.2d 639, 654 (Miss.2001) (citing Walker v. State, 671 So.2d 581, 612 (Miss.1995)). The argument is the familiar "stacking" argument. It contends that it is unconstitutional for the State to elevate murder to capital murder and then, using the same factor, elevate the sentence to death. As pointed out in Lockett v. State, 517 So.2d 1317, 1337 (Miss.1987), this Court has consistently rejected this argument. Goodin, 787 So.2d at 654 ; Davis v. State, 684 So.2d 643, 664 (Miss.1996). However, this Court has found impermissible doubling where the trial court in a sentencing proceeding submits as separate aggravating factors both the fact that the capital murder was committed during the commission of a robbery and for pecuniary gain. Goodin, 787 So.2d at 654 . In that case the two aggravating factors essentially comprise one circumstance. Id. (citing Willie v. State, 585 So.2d 660 (Miss.1991)). The Florida cases cited by Brawner do not stand for the proposition he asserts. Rather, they stand for the proposition that the use of two aggravating factors which essentially comprise one circumstance results in impermissible doubling. Barnhill, 834 So.2d at 851; Griffin, 820 So.2d at 914-15; Robertson, 611 So.2d at 1233. This is identical to our law as announced in Goodin and Willie . Therefore, this assertion is without merit.”

   1 later decision quote this exact passage
   e.g. 967 So. 2d 627 - Le v. State