424 So. 2d 1342 - Marks v. State’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “". . . It has been consistently held in Alabama that a pre-prosecution lineup in the absence of counsel for an accused does not violate his Sixth Amendment right to effective counsel or his Fourteenth Amendment right to due process. "In McGee v. State , Ala.Cr.App., 383 So.2d 881 , 882 (1980), writ denied, 383 So.2d 884 , it is stated: " 'The appellant contends he should have been provided counsel at his preindictment lineup and failure to do so violates his Sixth Amendment right to assistance of counsel. Consequently, he contends the victim's in-court identification should have been suppressed. The appellant's contention is without merit. A preindictment lineup is not a stage of an adversary judicial criminal proceeding at which the right to counsel attaches as defined in Moore v. Illinois , 434 U.S. 220 , 98 S.Ct. 458 , 54 L.Ed.2d 424 (1977). See also Kirby v. Illinois , 406 U.S. 682 , 92 S.Ct. 1877 , 32 L.Ed.2d 411 (1972); Hammons v. State , Ala.Cr.App., 371 So.2d 986 (1979).'”

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

2. “"In considering the same question presented here, but in a situation in which appellant therein was in a more favorable position than here, as a warrant had been issued for the arrest, it was held in Lomax v. Alabama , 629 F.2d 413 (5th Cir. 1980), that in the absence of prosecutorial involvement in procuring the warrant, no constitutional violation occurred in conducting a lineup without affording the arrested accused the benefit of counsel."”

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

3. “. . . It has been consistently held in Alabama that a pre-prosecution lineup in the absence of counsel for an accused does not violate his Sixth Amendment right to effective counsel or his Fourteenth Amendment right to due process.”

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