40 Ala. App. 413 - Strickland v. State’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Though the silence * * * might be construed as confession of error, such a circumstance cannot under our statute be a decisive factor in reversing. For, by the terms of § 389, supra, in criminal appeals, we must search the record and render such judgment as the lava demands. As was said by Judge Hutcheson at 37 Tex.Law Rev. 387, after discussing Young v. United States, 315 U.S. 257 , 62 S.Ct. 510 , 86 L.Ed. 832 : “ ‘ * * * the Court must be eternally on guard lest it be the confession of error, rather than a fair consideration * * * of the record, that produces the final judgment. * * * ’ ””

   1 later decision quote this exact passage
   e.g. Birdsell v. State

2. ““Evidence of civil settlements adduced by the State is not admissible over objection in criminal trials. Helms v. State, 35 Ala.App. 187 , 45 So.2d 170 ... . A compromise which does not expressly admit guilt is not admissible. Wilson v. State, 246 Ala. 129 , 19 So.2d 780 . . .””

   1 later decision quote this exact passage
   e.g. 48 Ala. App. 207 - Cahill v. State