417 So. 2d 599 - Howard v. State’s Empirical Analysis

Citation profile

1 federal appellate · 8 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Appellant argues that the jury's verdict was contrary to the weight of the evidence. It was undisputed that appellant shot and killed the deceased. The only contested issue was self-defense. Our examination of the record indicates that, while appellant may have been in peril justifying the use of force, there was a conflict in the testimony regarding whether he was free from fault or unable to retreat. Under these circumstances, the jury was justified in concluding that the killing did not fall within the legal definition of self-defense. Starling v. State, 398 So.2d 337 (Ala.Cr.App.), cert. denied, 398 So.2d 342 (Ala.1981). Conflicting evidence always presents a jury question and, provided the State establishes a prima facie case, this court will not disturb the verdict. McBryar v. State, 368 So.2d 568 [Ala.Cr. App.], cert. denied, 368 So.2d 575 (Ala. 1979) [Emphasis supplied]." Howard v. State, Ala.Cr.App., 417 So.2d 599, 602 (1982).”

   1 later decision quote this exact passage
   e.g. 485 So. 2d 777 - Wilhite v. State

2. “[t]he prosecution is generally allowed great latitude in proving the facts surrounding a defendant's flight, C. Gamble, McElroy's Alabama Evidence , § 190.01(1) (3d ed. 1977).”

   1 later decision quote this exact passage
   e.g. 546 So. 2d 705 - Williams v. State