290 F. Supp. 759 - Bennett v. Cottingham’s Empirical Analysis

Citation profile

2 federal appellate · 2 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Section 96 of Title 11 [Code of Alabama (1940) (K.ecomp.1958) ] fixes the fees for various services of Justices of the Peace. Section 97 provides for their taxation as costs and their collection by execution where no appeal is taken to the circuit court. No provision is made for the assessment and collection of costs where there is an acquittal or disposition other than on conviction. [Emphasis supplied.] On the contrary it is noted that Section 83(b) provides that: “ ‘ [I]n all trials in the circuit court, or county court, or court of like juris diction — except justice of peace court and courts in lien of justice of peace courts, whose jurisdiction in criminal cases is limited to the jurisdiction of justice of peace courts, where the state fails to conviet, or the indictment abates or is nolle prossed or withdrawn and filed, the fees of the sheriffs and clerks of the court and the state’s witnesses shall be paid out of the fine and forfeiture fund * * (Emphasis supplied) “Since no provision of law is made for the payment of the fees of Justices of the Peace on charges based upon highway violations in the event of an acquittal or nolle prosequi, Justices of the Peace must go unremunerated unless they convict. The scales of justice are thereby weighted on the side of a conviction.””

   1 later decision quote this exact passage · from the majority
   e.g. Callahan v. Sanders

2. “a direct, personal, substantial, pecuniary interest”

   1 later decision quote this exact passage · from the majority
   e.g. Connally v. Georgia