1 So. 3d 104 - Sneed v. State’s Empirical Analysis

Citation profile

1 federal appellate · 18 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘ “While th[e] failure to object does not preclude review in a capital case, it does weigh against any claim of prejudice.” Ex parte Kennedy, 472 So.2d [1106,] at 1111 [ (Ala.1985) ] (emphasis in original). “This court has concluded that the failure to object to improper prosecutorial arguments ... should be weighed as part of our evaluation of the claim on the merits because of its suggestion that the defense did not consider the comments in question to be particularly harmful.” Johnson v. Wainwright, 778 F.2d 623 , 629 n. 6 (11th Cir.1985), cert. denied, 484 U.S. 872 , 108 S.Ct. 201 , 98 L.Ed.2d 152 (1987). “Plain error is error which, when examined in the context of the entire case, is so obvious that failure to notice it would seriously affect the fairness, integrity, and public reputation of the judicial proceedings.” United States v. Butler, 792 F.2d 1528, 1535 (11th Cir.), cert. denied, 479 U.S. 933 , 107 S.Ct. 407 , 93 L.Ed.2d 359 (1986). See also Biddie v. State, 516 So.2d 837, 843 (Ala.Cr.App.1986), reversed on other grounds, 516 So.2d 846 (Ala.1987).’””

   3 later decisions quote this exact passage
   e.g. White v. State · Albarran v. State

2. ““ ‘ “[tjhere is no requirement that a defendant be allowed to question each prospective juror individually during voir dire examination. This'' rule applies to capital eases, and the granting of a request for individual voir dire is discretionary with the trial court.’’ Coral v. State, 628 So.2d 954, 968 (Ala.Crim.App.1992), aff 'd, 628 So.2d 1004 (Ala.1993).’ ””

   3 later decisions quote this exact passage
   e.g. Stanley v. State · Kirksey v. State

3. ““‘Alabama has long protected the secrecy of grand-jury proceedings. See § 12-16-214, Ala.Code 1975. “The long time rule, sanctioned by our courts, is that the proceedings before a grand jury are essentially secret.” Steward v. State, 55 Ala.App. 238, 240 , 314 So.2d 313, 315 (Ala.Crim.App.1975). However, a defendant may be allowed to inspect grand-jury proceedings if the defendant meets the threshold test of showing a “particularized need” for breaching the secrecy of those proceedings. As this Court stated in Millican v. State, 423 So.2d 268 (Ala.Crim.App.1982): “ ‘ “Before a defendant is allowed to inspect a transcript of a State’s witness who testified before the grand jury ... a trial judge should conduct an in camera inspection of such testimony, see Palermo [v. United States, 360 U.S. 343 , 79 S.Ct. 1217 , 3 L.Ed.2d 1287 (1959),] and Pate[v. State, 415 So.2d 1140 (Ala.1981) ], the defendant should at least and at a very minimum make some offer of proof (1) that the matters contained in the witness’ grand jury testimony were relevant to the subject matter of the prosecution; (2) and that there exists an inconsistency between grand jury testimony and trial testimony. Unless defense counsel is merely going on a fishing expedition, he will have some information as to the particular inconsistency in the defendant’s testimony. In this case no such showing was made and the existence of any inconsistency between the witness’ trial and grand jury testimony was never even alleged”

   2 later decisions quote this exact passage
   e.g. Stanley v. State · Petric v. State