Carter v. Wiley’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"`Contestant states that there is hereto attached and marked Exhibit "A", . . ., the list of legal votes cast in the County Commission District Two General Election of Tuesday, November 4, 1980, which were rejected, which said list gives the name of the person voting whose legal vote was rejected. . . . Contestant avers that all of said votes on said list were cast for Contestant James A. Carter, and all of which legal votes were rejected, and all of which votes were cast by Absentee Ballots delivered to the Courthouse . . ., that said list gives the precinct and voting place wherein each voter would have voted had he or she not voted by Absentee Ballot. If these legal votes rejected are included in the total vote received by Contestant, then Contestant will have received the highest number of legal votes cast in said election. "`The total number of said legal votes is 1,522. "`Applications have heretofore been made to the Honorable John L. Moore, Judge of Probate of Mobile County, Alabama, pursuant to Section 17-15-4 of the 1975 Code of Alabama, to deliver to the Contestant or his attorney a certified copy of the poll lists of challenged ballots cast in said election . . ., and upon said Judge of Probate's complying with said provision of Alabama law, Contestant will furnish to the Contestee the names, voting districts, and number of votes thereof which will be offered as proof on the trial of said cause as having been illegally cast for Contestee Wiley. . . .'"”

   1 later decision quote this exact passage
   e.g. Cochran v. Grubbs

2. “"For aught that appears in his notice of the nature of evidence, Contestant Carter had abandoned his allegations of malconduct. In that notice pleading, Contestant pursues only those allegations of his complaint with respect to the issues of rejection of legal, and acceptance of illegal, votes. His notice does not, however, comport with the contention upon which he now proceeds: the alleged malconduct of the election officials in tabulating the votes and in tampering with the posted totals. ". . . Where, as here, a contestant draws his fraud allegations as charging a particular species of fraud and contends that such allegations are authorized under the statute, he is left with no choice but to conform his formal notice of the nature of evidence to his charging averments or suffer defeat in his effort to discover evidentiary support for such allegations."”

   1 later decision quote this exact passage
   e.g. Cochran v. Grubbs

3. “"`(a) Malconduct, fraud or corruption on the part of (election officials) which malconduct, fraud or corruption if corrected would show that "Contestant" received a majority of the legal votes cast in said election for said office. "`(b) . . . if the illegal votes counted for "Contestee" were deducted from the total votes received by said "Contestee" that "Contestant" would have a majority of the legal votes cast in said election for said office and should be declared the winner of said office. "`(c) . . . if the rejected legal votes had been counted, "Contestant" would have had a majority of the legal votes cast in said election for said office and should be declared the winner of said office.'"”

   1 later decision quote this exact passage
   e.g. Cochran v. Grubbs