975 So. 2d 219 - Callins v. State’s Empirical Analysis

Citation profile

1 federal appellate · 50 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 51 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." Lambert v. State, 941 So.2d 804, 807 (Miss.2006) (quoting Brown v. State, 731 So.2d 595, 598 (Miss.1999)); see also Bank of Miss. v. S. Mem'l Park, Inc., 677 So.2d 186, 191 (Miss.1996).”

   4 later decisions quote this exact passage · from the dissent
   e.g. Carreiro v. State · 66 So. 3d 746 - Stokes v. State

2. “The order ... dismissing the prisoner’s motion or otherwise denying relief under [the Mississippi Uniform Post-Convic tion Collateral Relief Act] is a final judgment and shall be conclusive until reversed. It shall be a bar to a second or successive motion under the [the Mississippi Uniform Post-Conviction Collateral Relief Act]. Excepted from this prohibition is a motion filed under Section 99-19-57(2), raising the issue of the offender’s supervening mental illness.... Likewise excepted from this prohibition are those cases in which the prisoner can demonstrate either that there has been an intervening decision of the Supreme Court of either the State of Mississippi or the United States that would have actually adversely affected the outcome of his conviction or sentence or that he has evidence, not reasonably discoverable at the time of trial, which is of such nature that it would be practically conclusive that, if it had been introduced at trial, it would have caused a different result in the conviction or sentence. Likewise exempted are those cases in which the prisoner claims that his sentence has expired or his probation, parole or conditional release has been unlawfully revoked.”

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

3. “[I]f, during the plea colloquy, the trial court has informed the defendant that the court is not bound by any sentence recommendation, and if the record reflects that the trial court is not involved in the plea bargaining process and the prosecutor makes the recommended sentence pursuant to the plea agreement, the trial court commits no error by not following the State’s sentencing recommendation, so long as the sentence imposed is within the maximum limits prescribed by the applicable statute.”

   1 later decision quote this exact passage · from the dissent
   e.g. 167 So. 3d 274 - Henry J. Laneri, III v. State of Mississippi