43 Ala. App. 108 - Lami v. State’s Empirical Analysis

Citation profile

86 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 86 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Under Alabama law, the rule in non-capital cases is that a lesser included offense instruction should be given if `there is any reasonable theory from the evidence which would support the position.'”

   3 later decisions quote this exact passage
   e.g. 494 So. 2d 795 - Paige v. State · 435 So. 2d 158 - Phelps v. State

2. “Ordinarily, a charge that an indictment includes a lesser offense, when there is added to it the further instruction that the jury has authority to find the defendant guilty of the lesser offense, should be refused unless (1) the charge defines the offense, (2) is based on a consideration of all the evidence, and (3) sets out the degree of proof necessary to establish the offenses.”

   2 later decisions quote this exact passage
   e.g. 462 So. 2d 748 - Tate v. State · 361 So. 2d 1106 - Chavers v. State

3. “"While these charges fail to define the offense and are not based on a consideration of the evidence, nevertheless stare decisis compels us to consider them as correct in form. Judge Carr quoted the Duncan charge illustratively in Carter v. State , 31 Ala. App. 526 , 19 So.2d 361 . The formula, `a charge of assault with intent to murder includes a charge of assault and battery,' was approved in Stovall v. State , 34 Ala. App. 610 , 612 , 42 So.2d 636 . See Kelly v. State , 235 Ala. 5 , 176 So. 807 ."”

   1 later decision quote this exact passage
   e.g. 361 So. 2d 1106 - Chavers v. State