360 So. 2d 736 - Pitts v. State’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(T)he mere existence of a confession of guilt by one other than the applicant for the writ of error coram nobis will not furnish a sufficient reason for its issuance.”

   3 later decisions quote this exact passage
   e.g. 419 So. 2d 283 - Robinson v. State · 507 So. 2d 572 - Wadsworth v. State

2. “"The discovery, at a time subsequent to the date of the trial, that testimony which was introduced thereat was perjured may not be sufficient to support a granting of the writ or a motion for new trial. Taylor v. State , 266 Ala. 618 , 97 So.2d 802 (1957); Zuck v. State , 57 Ala. App. 15 , 325 So.2d 531 , cert. denied, 295 Ala. 430 , 325 So.2d 539 (1975); Wallace v. State , 41 Ala. App. 65 , 124 So.2d 110 , cert. denied, 271 Ala. 701 , 124 So.2d 115 (1960). 'Those experienced in the administration of criminal law well know the untrustworthy character of recanting testimony.' Ex parte Burns , 247 Ala. 98 at 100, 22 So.2d 517 , 519 (1945). " '[R]ecanting testimony is exceedingly unreliable, and is to be regarded with suspicion; and it is the right and duty of the court to deny a new trial where it is not satisfied that such testimony is true. Especially is this true where the recantation involves a confession of perjury.' 24 C.J.S. Criminal Law § 1454, p. 187. "The burden upon the petitioner seeking a writ of error coram nobis to establish his rights of relief by clear, full, and satisfactory proof, necessarily includes, as to a claim of falsity of testimony, the requisite proof not only that the testimony was false but also that if the truth had been made known to the judge and jury at trial the judgment complained of would not have been rendered. Turner v. State , 52 Ala. App. 334 , 292 So.2d 143 (1974)." Pitts v. State , 360 So.2d 736 , 739 (Ala.Cr.App. 1978).”

   1 later decision quote this exact passage
   e.g. 507 So. 2d 572 - Wadsworth v. State