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← 195 SO3D 1067 - State v. Davis

State v. Davis’s Empirical Analysis

2015

Citation profile

2
cited by 2 later decisions
1
states following
February 2018
most recently cited

1 state decisions

Relationships

Relies on United States v. Schmidt · Hunt v. State · Hochman v. State · 805 So. 2d 733 - Dobyne v. State · Ex Parte Harper

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

  1. “" 'Appellate courts review the legal sufficiency of indictments de novo.' Hunt v. State , 642 So.2d 999 , 1022 (Ala. Crim. App. 1993) (citing United States v. Schmidt , 947 F.2d 362 , 369 (9th Cir.1991) ). Further, '[a]n indictment " 'must clearly inform the accused of the offense with which he is being charged and must do so in language that is readily understood by the ordinary person.' " ' Vaughn v. State , 880 So.2d 1178 , 1192 (Ala. Crim. App. 2003) (quoting Dobyne v. State , 805 So.2d 733 , 750 (Ala. Crim. App. 2000), quoting in turn Thatch v. State , 432 So.2d 8 , 10 (Ala. Crim. App. 1983) ). To that end, § 15-18-25, Ala. Code 1975, provides: " 'An indictment must state the facts constituting the offense in ordinary and concise language, without prolixity or repetition, in such a manner as to enable a person of common understanding to know what is intended and with that degree of certainty which will enable the court, on conviction, to pronounce the proper judgment. In no case are the words "force of arms" or "contrary to the form of the statute" necessary.' "Similarly, Rule 13.2(a), Ala. R. Crim. P., mandates: " 'The indictment or information shall be a plain, concise statement of the charge in ordinary language sufficiently definite to inform a defendant of common understanding of the offense charged and with that degree of certainty which will enable the court, upon conviction, to pronounce the proper judgment.' "However, ' "[u]nder our system of pleading, indictmen”
    2 later decisions quote this exact passage
  2. “'particulars as to manner, means, place or circumstances [of the offense] need not in general be added to the statutory definition.'”
    2 later decisions quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.