39 Ala. App. 676 - Kennedy v. State’s Empirical Analysis

Citation profile

57 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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"No person shall for any indictable offense be proceeded against criminally by information except ... by leave of the court, for misfeasance, misdemeanor, extortion and oppression in office, otherwise than is provided in the Constitution; provided, that in cases of misdemeanor, the legislature may by law dispense with a grand jury and authorize such prosecutions and proceedings before justices of the peace or such other inferior courts as may be by law established. Provided further that in all felony cases, except those punishable by capital punishment, the legislature may by law dispense with a grand jury and authorize such prosecutions and proceedings in such manner as may be provided by law if the defendant, after having had the advice of counsel of his choice or in the event he is unable to employ counsel, the advice of counsel which must be appointed by the court, makes known in open court to a judge of a court having jurisdiction of the offense that he desires to plead guilty, provided, however, the defendant cannot plead guilty within fifteen days after his arrest." (Emphasis added.)”

   2 later decisions quote this exact passage · from the dissent
   e.g. 501 So. 2d 1136 - City of Dothan v. Holloway · 659 So. 2d 961 - Floyd v. State

2. “'[T]he constitutional requisition of indictments generally in all cases of felony is not one conferring a mere personal privilege upon an accused person, but is so imbued with the public concern for due and proper administration of the law that no individual may waive it.'”

   2 later decisions quote this exact passage · from the dissent
   e.g. 612 So. 2d 1317 - Ford v. State · 529 So. 2d 1074 - Ross v. State

3. “"According to the opinion in People ex rel. Battista v. Christian, 249 N.Y. 314 , 164 N.E. Ill, 61 A.L.R. 793 , the constitutional requisition of indictments generally in all cases of felony is not one conferring a mere personal privilege upon an accused person, but is so imbued with the public concern for due and proper administration of the law that no individual may waive it. [Emphasis added.] "In De Golyer v. Commonwealth, 314 Mass. 626 , 51 N.E.2d 251 , it was pointed out that the Massachusetts bill of rights has consistently denied the power of the Legislature to permit trial which could lead to imprisonment in the State prison save there be an indictment. The court went on to approve there a statute (somewhat like our งง 260-266 [Tit. 15, Code 1940], supra) which permitted the written waiver of an indictment with consequent prompt arraignment. The opinion points out that the Christian case, as to nonwaiver, does not apply in all states, citing also Edwards v. State, 45 N.J.L. 419 . "However, a reference to the annotation on the right to waive the lack of an indictment at 61 A.L.R. 798 -802, shows a majority of the cases there, including Kyser v. State, [ 22 Ala.App. 431 , 117 So. 157 (1928)], are in accord with the Christian case. See also Annotation, 56 A.L. R.2d 837. For the Kentucky Court of Appeals, the opinion of able Commissioner Clay in Singleton v. Commonwealth, 306 Ky. 454 , 208 S.W.2d 325 , is a reaffirmation of the nonwaiver doctrine where jurisdiction would”

   1 later decision quote this exact passage · from the dissent
   e.g. 501 So. 2d 1136 - City of Dothan v. Holloway