Ex Parte Hall’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[W]e think the rule announced in Baader v. State, 201 Ala. 76 , 77 So. 370, 371 , is applicable. - In that case Baader was brought to trial in the county court of Cullman County. The local act affecting that court provided, in part, ‘It shall be the duty of the judge of the county court to hear counsel and decide cases without a jury, unless a jury is demanded; .... ’ Baader waived a jury trial and insisted that he be tried by the judge of the said court without a jury. The State demanded a trial by jury and it was granted. The opinion of this court holding in effect that the trial court erred in granting the State’s request for a jury trial, concludes with the following language: ‘The substitution of a jury trial by the judge of the court at the instance of the state in the case at bar was an unauthorized exercise of a supposed judicial discretion; it finding no support in the Constitution or in the statutes.’ ””

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

2. “"* * * The case appealed shall be tried de novo in such court, and the judge or jury trying such cause is authorized to impose upon the person convicted such punishment by fine, or imprisonment in the city jail, or other place of confinement, or hard labor for the city, or by fine and imprisonment, as the court or jury may deem proper and is authorized by law or ordinance for such offenses. * * *" (emphasis added).”

   1 later decision quote this exact passage
   e.g. 53 Ala. App. 358 - Birmingham v. Evans

3. “The trial on appeal from a judgment rendered by a justice, shall be de novo, and shall be governed in all respects by the rules and regulations prescribed for the trial of appeals from the county court.”

   1 later decision quote this exact passage
   e.g. 43 Ala. App. 20 - Donahey v. City of Montgomery