466 So. 2d 185 - Traylor v. State’s Empirical Analysis

Citation profile

11 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is well settled that recitals in the judgment [entry] import absolute verity, unless contradicted by other portions of the record.”

   2 later decisions quote this exact passage
   e.g. 612 So. 2d 1256 - Henderson v. State · 587 So. 2d 1260 - Duncan v. State

2. ““The trial judge properly denied appellant’s writ of error coram nobis without an evidentiary hearing. “In considering a petition for writ of error coram nobis, a court may and should determine the “reasonableness of the allegations made in the petition and the probability or improbability of their truth.” [Citations omitted.] A court is not bound to accept at face value the allegations of the petition. [Citation omitted.’ “Holsclaw v. State, 429 So.2d 1185 at 1187 (Ala.Crim.App.1983). The appellant would have been required, at a hearing, to prove the truth of the allegations in his petition, Summers v. State [ 366 So.2d 336 (Ala.Cr.App.1978) ], supra, which he obviously could not have done in this case. A hearing should not be granted without affidavits sufficiently refuting a record that appears correct. Stephens v. State, 420 So.2d 826 (Ala.Crim.App.1982). Although appellant’s petition contains supporting affidavits, such are not sufficient to refute the record in this case. Appellant has submitted no affidavits to refute the judgment entry showing his presence at the jury’s empanelling, and the affidavit of Mr. Thomas directly contradicts appellant’s own testimony at trial.” Id.”

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

3. “"A convicted defendant's claim that counsel's assistance was so defective as to require reversal of a conviction or death sentence has two components. First, the defendant must show that counsel's performance was deficient. This requires showing that counsel made errors so serious that counsel was not functioning as the `counsel' guaranteed the defendant by the Sixth Amendment. Second, the defendant must show that the deficient performance prejudiced the defense. This requires showing that counsel's errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable. Unless a defendant makes both showings, it cannot be said that the conviction or death sentence resulted from a breakdown in the adversary process that renders the result unreliable."”

   1 later decision quote this exact passage
   e.g. 489 So. 2d 4 - Williams v. State