990 So. 2d 155 - Bennett v. State’s Empirical Analysis

Citation profile

1 federal appellate · 23 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If differences exist between Mississippi’s execution protocols and those used in Kentucky, then, the inquiry is whether Mississippi’s lethal-injection protocol meets Constitutional muster in light of this recent Supreme Court decision. The Fifth Circuit, when considering inmate Dale Leo Bishop’s Eighth-Amendment challenge to Mississippi’s lethal-injection procedures, recently announced that “Mississippi’s lethal injection protocol appears to be substantially similar to Kentucky’s protocol that was examined in Baze [v. Rees, 553 U.S. 35 , 128 S.Ct. 1520 , 170 L.Ed.2d 420 (2008) ].” Walker v. Epps, 2008 WL 2796878 at , 2008 U.S.App. LEXIS 15547 at (5th Cir. Miss. July 21, 2008). We agree with the Fifth Circuit’s analysis, and hold that Bennett’s Eighth Amendment challenge to the lethal injection protocol in Mississippi is without merit.”

   2 later decisions quote this exact passage
   e.g. Corrothers v. State · 55 So. 3d 1046 - Chamberlin v. State

2. “[U]pon appellate review of cases in which we find harmless error or any error which is not specifically found to be reversible in and of itself, we shall have the discretion to determine, on a case-by-case basis, as to whether such error or errors, although not reversible when standing alone, may when considered cumulatively require reversal because of the resulting cumulative prejudicial effect.”

   2 later decisions quote this exact passage
   e.g. Wilson v. State · Birkhead v. State

3. “[W]e must strongly presume that counsel’s conduct falls within a wide range of reasonable professional assistance, and the challenged act or omission “might be considered sound trial strategy.” Strickland, 466 U.S. at 689 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 . In other words, defense counsel is presumed competent. Id. at 690 , 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 .”

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