456 So. 2d 862 - Grace v. State’s Empirical Analysis

Citation profile

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

1. “"Now under your oath you are duty bound to decide this case based on the law and the evidence that you've heard. Cases are not to be decided based on sympathy or any other factor. "How did this case come to you? It came by means of an indictment. I've already read that indictment to you. When the Grand Jury returned that indictment for the charge of distribution of cocaine the Defendant entered a plea of not guilty, which he had a perfect legal right to do. By virtue of his entering that plea it casts the burden of proof on the State of Alabama to satisfy each one of you beyond a reasonable doubt and to a moral certainty of his guilt. The Defendant has no burden placed on him. He does not have to prove his innocence. "He comes into court surrounded with what we call a presumption of innocence and it stays with him until such time as each one of you is satisfied beyond a reasonable doubt that he is guilty. And only at that time does he shed that cloak of innocence. Now this presumption of innocence is evidence that you may consider on his behalf. "As I say the burden of proof is on the state and that burden is to prove beyond a reasonable doubt the Defendant's guilt. . . . ". . . In deciding this case, ladies and gentlemen, as I've said you base your decision on the evidence. Evidence consists of three things: First is the sworn testimony that you heard from the witness stand; secondly, the exhibits and documents that you'll have with you in the jury room; and third is the pre”

   2 later decisions quote this exact passage
   e.g. 606 So. 2d 198 - Finley v. State · 514 So. 2d 1051 - Guyton v. State

2. “"In Grace v. State , 456 So.2d 862 (Ala.Cr.App. 1984), this Court found that the trial judge's oral charge to the jury concerning the presumption of innocence *Page 201 substantially covered the necessary principles of law and that charge contained no language requiring that the jury consider the presumption of innocence as evidence in the appellant's behalf during their deliberations. " 'We are satisfied that the court gave a clear instruction to the jury as regards the presumption of innocence. In fact, the record indicates that the court charged them twice on the presumption of innocence. Cases regarding the niceties of particular language in a charge bring to mind the lawyers' lament that jury charges are directed toward the appellate courts, rather than the jury.'”

   2 later decisions quote this exact passage
   e.g. Breeding v. State · 606 So. 2d 198 - Finley v. State