Carroll v. State’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Now, the Defendant in this case, just as the Defendant in every criminal case tried within the State of Alabama, is presumed innocent. The presumption of innocence of a Defendant in a criminal case attaches from the very time that the finger of the law points toward the Defendant, up until his case is taken before the Grand Jury, up until he is indicted and brought before you, the jury, and I submit to you right at this very time, the Defendant is still presumed to be innocent, that he must still be shielded by that presumption of innocence until you have retired to the jury room, and from your consideration of all the evidence in this case you are convinced beyond a reasonable doubt and to a moral certainty that he is guilty. When and if, of course, after consideration of the evidence in this case you find that the State has met the burden of proof, and you are convinced beyond a reasonable doubt and to a moral certainly, then of course he is no longer entitled to the presumption of innocence, because it has been overcome by the evidence. And then it is just as much your duty to convict him, if you feel from the evidence that he is guilty, as it is to acquit him if the evidence fails to produce that abiding conviction in your mind. So as a matter of Law, I charge you that you cannot convict the Defendant in this case until the presumption of innocence has been overcome by the evidence, which has been given to you in this case, and from that evidence and your consideration of”

   1 later decision quote this exact passage
   e.g. 407 So. 2d 177 - Carroll v. State

2. “Ladies and gentlemen of the jury, I charge, that the legal presumption of innocence is to be regarded by the jury, in every case, as a matter of evidence, to the benefit of which the accused is entitled, and, as a matter of evidence it attends the accused until his guilt, by the evidence, is placed beyond a reasonable doubt.”

   1 later decision quote this exact passage
   e.g. 407 So. 2d 177 - Carroll v. State

3. “"Q. Do you recall if you and Bruce Carroll were in Orlando, Florida, on December 9th and 10th? "A. We were there the 10th, because that was my niece's birthday and I didn't get her anything."”

   1 later decision quote this exact passage
   e.g. 492 So. 2d 323 - Carroll v. State