455 So. 2d 984 - Ex Parte Julius’s Empirical Analysis

Citation profile

1 federal appellate · 19 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"In Beck v. Alabama, 447 U.S. 625 , 100 S.Ct. 2382 , 65 L.Ed.2d 392 (1980), the United States Supreme Court held that the sentence of death could not be imposed after a jury verdict of guilt of a capital offense when the jury was precluded from considering a verdict of guilt of a lesser included noncapital offense, provided that the evidence would have supported such a verdict. Subsequently, in Hopper v. Evans, 456 U.S. 605 , 102 S.Ct. 2049 , 72 L.Ed.2d 367 (1982), the Supreme Court clarified its decision in Beck, supra, to require that only when the evidence warrants such an instruction must a lesser included offense instruction be given. In so holding, the Court upheld the constitutionality of the following Alabama standard as applied in capital cases: `a lesser included offense instruction should be given if "there is any reasonable theory from the evidence which would support the position."' Hopper, 456 U.S. at 611 , 102 S.Ct. at 2053 (quoting Fulghum v. State, 291 Ala. 71, 75 , 277 So.2d 886, 890 (1973))."”

   3 later decisions quote this exact passage
   e.g. 500 So. 2d 57 - Connolly v. State · 627 So. 2d 1054 - Ex Parte Jenkins

2. “Julius's reliance solely upon the defense of alibi resulted in his failure to *Page 732 produce evidence warranting a charge on the lesser included offense of manslaughter in the first degree.”

   2 later decisions quote this exact passage
   e.g. 500 So. 2d 57 - Connolly v. State · 494 So. 2d 726 - Wright v. State

3. “was intended to apply to only those conscienceless or pitiless homicides which are unnecessarily torturous to the victim.”

   2 later decisions quote this exact passage
   e.g. 494 So. 2d 750 - Bradley v. State · 494 So. 2d 726 - Wright v. State