Dampier v. State’s Empirical Analysis

Citation profile

35 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Attorneys are alloiued a wide latitude in arguing their cases to the jury. However, prosecutors are not permitted to use tactics which are inflammatory, highly prejudicial, or reasonably calculated to unduly influence the jury. The standard of review that appellate courts must apply to lawyer misconduct during opening statements or closing arguments is whether the natural and probable effect of the improper argument is to create unjust prejudice axjainst the accused so as to result in a decision influenced by the prejudice so created.”

   2 later decisions quote this exact passage
   e.g. Arnold Bailey v. State of Mississippi · 21 So. 3d 633 - Mitchell v. State

2. “[t]he evidentiary standard for lesser-offense instructions is the same as for lesser-included offense instructions.”

   2 later decisions quote this exact passage
   e.g. Brazzle v. State · Hager v. State

3. “¶ 10. This Court has stated that: Mississippi Rule of Evidence 403 provides, in pertinent part, that relevant evidence “may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of ... needless presentation of cumulative evidence.” Miss. R. Evid. 403 (emphasis added). “The admission of photographs is a matter left to the sound discretion of the trial judge and ... his decision favoring admissibility will not be disturbed absent a clear abuse of that judicial discretion.'” Noe v. State, 616 So.2d 298, 303 (Miss.1993) (citing Gardner v. State, 573 So.2d 716 (Miss.1990)) (emphasis added). The discretion of the trial judge is “almost unlimited ... regardless of the gruesomeness, repetitiveness, and the extenuation of probative value.” Noe, 616 So.2d at 303 (quoting Williams v. State, 544 So.2d 782, 785 (Miss.1987)). So long as a photograph “has probative value and its introduction serves a meaningful evidentiary purpose[,]” it may still be admissible despite being “gruesome, grisly, unpleasant, or even inflammatory.” Id. (citations omitted) .... “Photographs are considered to have evidentiary value in the following instances: (1) aid in describing the circumstances of the killing; (2) describe the location of the body and cause of death; (3) supplement or [clarify] witness testimony.” McIntosh v. State, 917 So.2d 78, 84 (Miss.2005) (quoting Spann v. State, 771 So.2d 8”

   1 later decision quote this exact passage
   e.g. Williams v. State