166 So. 3d 705 - Riley v. State’s Empirical Analysis

Citation profile

4 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. “"In support of his argument, Wilson relies on Guthrie v. State , 689 So.2d 935 (Ala.Crim.App.1996), in which this Court reversed Guthrie's sentence based on an insufficient presentence-investigation report. Specifically, this Court took issue with the lack of recent information in Guthrie's personal- and social-history section of the report, and its lack of any information in Guthrie's evaluation-of-offender section. In Guthrie , this Court held: " 'This presentence report's cursory and incomplete treatment of Guthrie troubles us, because it may have hamstrung the trial court's consideration of the full mosaic of Guthrie's background and circumstances before determining the proper sentence. As such, this presentence report risked foiling the purpose of § 13A-5-47(b)[, Ala.Code 1975 ]. We find that the insufficiency of this report requires a remand for the trial court to reconsider Guthrie's sentence with a sufficient presentence report.' " 689 So.2d at 94 [7]. "In Jackson v. State , 791 So.2d 979 (Ala.Crim.App.2000), this Court distinguished Guthrie , stating: " 'In support of his argument, Jackson relies on Guthrie v. State , 689 So.2d 935 (Ala.Cr.App.1996), aff'd, 689 So.2d 951 (Ala.), cert. denied, 522 U.S. 848 , 118 S.Ct. 135 , 139 L.Ed.2d 84 (1997), in which this court reversed Guthrie's sentence and remanded the case for the trial court "to reconsider Guthrie's sentence with a sufficient presentence report." 689 So.2d at 947.... " ' "...." " '... "The purpose of the pre”

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

2. ““‘ “ ‘When reviewing a trial court’s 'ruling on'a Batson motion,’ this court gives deference to the trial court and will reverse a trial ■ court’s decision only if the ruling is clearly erroneous.’ Yancey v. State, 813 So.2d 1, 3 (Ala.Crim.App.2001). ‘A trial court is in a far better position than a reviewing court to rule on issues of credibility.’ Woods v. State, 789 So.2d 896, 915 (Ala.Crim.App.1999). ‘Great confidence is placed in our trial judges in the selection of juriéé. Because they deal on á daily basis with the attorneys in their respective counties, they are better able to' determine whether discriminatory patterns exist in the selection of juries.’ Parker v. State, 571 So.2d 381, 384 (Ala.Crim.App.1990). “‘“.‘Deference to trial court findings on the issue of discriminatory intent makes particular sense in this context because, as we noted in Bat-son, the finding will “largely turn on evaluation of credibility” 476 U.S., at 98 , n. ‘21. In the typical challenge inquiry, the decisive question will be whether counsel’s race-neutral explanation for a peremptory- challenge should be believed. There will seldom be much evidence bearing on that issue, and the best evidence often will be the demeanor of the attorney who exercises the challenge.’ “ ‘ “Hernandez v. New York, 500 U.S. 352, 365 , 111 S.Ct. 1859 , 114 L.Ed.2d 395 (1991).” “ ‘Doster v. State, 72 So.3d 50, 73-74 (Ala.Crim.App.2010).’ ””

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

3. “' "[I]n keeping with the dictates of the United States Supreme Court in Lockett v. Ohio , 438 U.S. 586 , 98 S.Ct. 2954 , 57 L.Ed.2d 973 (1978), the sentencing authority in Alabama, the trial judge, has unlimited discretion to consider any perceived mitigating circumstances, and he can assign appropriate weight to particular mitigating circumstances. The United States Constitution does not require that specific weights be assigned to different aggravating and mitigating circumstances. Murry v. State , 455 So.2d 53 (Ala.Crim.App.1983), rev'd on other grounds, 455 So.2d 72 (Ala.1984). Therefore, the trial judge is free to consider each case individually and determine whether a particular aggravating circumstance outweighs the mitigating circumstances or vice versa. Moore v. Balkcom , 716 F.2d 1511 (11th Cir.1983). The determination of whether the aggravating circumstances outweigh the mitigating circumstances is not a numerical one, but instead involves the gravity of the aggravation as compared to the mitigation.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Townes v. State