Ex parte State’s Empirical Analysis

Citation profile

3 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he games depicted in the surveillance video and described in the affidavit proffered ... in support of the application for the warrant do not reasonably resemble a game of “bingo.” Without .turning a blind eye to that which is depicted in the video and described in the affidavit, a “man of reasonable caution” could reach no conclusion other than that there is a “fair probability” that the machines in question are not the game of bingo and, instead, are slot machines or other gambling devices that are illegal under Alabama law.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Greenetrack, Inc. · Johnny Ford v. Luther J. Strange, III

2. ““Cases both within and without Alabama make clear that a court considering the issuance of a warrant acts outside its discretion when it denies the warrant based on an improper or erroneous legal ground. This Court long ago held that a writ of mandamus may be used to require the issuance of a warrant under such circumstances. “In Benners v. State ex rel. Heflin, 124 Ala. 97 , 26 So. 942 (1899), this Court held that mandamus will lie to compel the issuance of an arrest warrant where the magistrate refused to issue the warrant based only upon the supposed invalidity of a statute. Benners is thus similar to the present case in that both involve a legal question as to what conduct is prohibited under extant law. The Court in Benners explained the availability of mandamus as follows: “ ‘Mandamus as a remedy is available in criminal as well as in civil cases. While it will not ordinarily in either case be used to direct a judicial officer how to act in the performance of discretionary judicial functions, it will lie to set in motion the performance of official duties, whether they be judicial or ministerial. So it lies to compel an inferior court to proceed with a criminal trial or proceeding of which the court has wrongfully declined jurisdiction and to compel an officer charged with the duty to take cognizance of a criminal charge preferred by affidavit, and thereon to issue his warrant of arrest.... The affidavit is regular in form, and full in substance. When made, it became th”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Greenetrack, Inc.