Ex Parte Smith’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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Nevertheless, that prohibition of appeal by the legislature does not affect the authority of the court to review the proceedings below by granting certiorari. See, Ex parte Bracken, 263 Ala. 402 , 82 So.2d 629 (1955). Because the Enabling Act provides no right of appeal or statutory certiorari, the common law writ of certiorari is the only available means of review. Phelps v. Public Service Comm'n, 46 Ala.App. 13 , 237 So.2d 499 (1970)."”

   3 later decisions quote this exact passage
   e.g. 534 So. 2d 615 - Fields v. State Ex Rel. Jones · 997 So. 2d 309 - South Alabama Skills Training Consortium v. Ford

2. “[t]he opinion of a majority of three judges to whom such case is assigned shall be determinative of the case and there shall be no appeal to any appellate court of Alabama.”

   3 later decisions quote this exact passage
   e.g. Ex Parte Dixon · 467 So. 2d 965 - City of Birmingham v. Personnel Bd.

3. “"[M]ere delay in filing a petition for a common law writ of certiorari is not a sufficient defense, Byars v. Town of Boaz , 229 Ala. 22 , 155 So. 383 (1934). Such a petition should not be dismissed on grounds of delay unless the delay makes it unjust or unreasonable to grant the relief sought. Rudolph v. Rudolph , 251 Ala. 317 , 36 So.2d 902 (1948)."”

   1 later decision quote this exact passage
   e.g. Key v. City of Irondale (Ex parte Key)