986 So. 2d 951 - Archer v. State’s Empirical Analysis

Citation profile

79 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 81 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Ordinarily, ineffective-assistance-of-counsel claims are more appropriately brought during post-conviction proceedings. This is because during direct appeals the Court is limited to the trial court record in its review of the claim, and there may be instances in which insufficient evidence exists within the record to address the claim adequately. Wilcher v. State, 863 So.2d 776, 825 (Miss.2003). In such a case, the appropriate procedure is to deny relief, preserving the defendant’s right to argue the issue through a petition for post-conviction relief. Read v. State, 430 So.2d 832, 837 (Miss.1983).”

   17 later decisions quote this exact passage
   e.g. Jerry Lynn Lofton v. State of Mississippi · Eric Darrell Lott v. State of Mississippi

2. “[U]nder Mississippi law, any person not disqualified under Mississippi Code Annotated [s]ection 13-5-1, who will make oath that he or she is impartial, is competent to sit as a juror in a criminal case. The trial judge whose duty is to see that a competent, fair, and impartial jury is empaneled, is empowered with broad discretion to determine whether a prospective juror can be fair and impartial-notwithstanding the juror’s admission under oath that he or she will be. This Court recognizes that the trial judge is in the best position to determine whether the jury as selected was fair and impartial, and therefore yields to a trial court’s discretionary finding that a competent jury, under its oath to be fair and impartial, was empaneled to render judgment, and will not reverse absent clear- abuse of that discretion.”

   3 later decisions quote this exact passage
   e.g. NRG Wholesale Generation LP v. Lori P. Kerr · Alvin Lee Johnson v. State of Mississippi

3. “Issues which may be raised in post-conviction proceedings may also be raised on direct appeal if such issues are based on facts fully apparent from the record. Where the appellant is represented by counsel who did not represent the appellant at trial, the failure to raise such issues on direct appeal shall constitute a waiver barring consideration of the issues in post-conviction proceedings.”

   2 later decisions quote this exact passage
   e.g. 9 So. 3d 447 - Wright v. State · 30 So. 3d 1222 - Parker v. State