376 So. 2d 205 - Richardson v. State’s Empirical Analysis

Citation profile

1 federal appellate · 37 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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"(1) An intentional misstatement by an affiant-agent, whether material or immaterial to showing probable cause; or (2) a negligent or unreasonable assertion in an affidavit, if material to showing probable cause but not where (3) the mistake is innocent, even if material to probable cause."”

   5 later decisions quote this exact passage
   e.g. Thomas v. State · 435 So. 2d 196 - Hodge v. State

2. “"The sentencing hearing is one of the most important and critical stages under Alabama's death penalty law. The guilt stage has passed. Now an experienced trial judge must consider the particularized circumstances surrounding the offense and the offender and determine if the accused is to die or be sentenced to life imprisonment without parole. It is a due process hearing of the highest magnitude and the exclusionary rules of evidence play no part. The trial evidence must be reviewed to determine all of the aggravating circumstances leading up to and culminating in the death of the victim and then all the mitigating circumstances must be considered in determining if any outweigh the aggravating circumstances so found in the trial court's findings of fact. Unless and until this is done `the trial judge cannot fairly weigh the aggravating and mitigating circumstances, and the appellate court adequately review his sentencing decision.'"”

   3 later decisions quote this exact passage
   e.g. 659 So. 2d 122 - Ex Parte Stewart · 735 So. 2d 1244 - Roberts v. State

3. “In Alabama, the jury is not the body which finally determines which murderers must die and which must not. In fact, Alabama's statute mandatorily requires the court to 'hold a hearing to aid the court to determine whether or not the court will sentence the defendant to death or to life imprisonment without parole,' and specifically provides that the court may refuse to accept the death penalty as fixed by the jury and may 'sentence' the defendant to death or life without parole. Code of Ala.1975, § 13-11-4. That section provides that if the court imposes a 'sentence of death' it must set forth, in writing, the basis for the sentence.”

   1 later decision quote this exact passage
   e.g. Baldwin v. Alabama