471 So. 2d 501 - Smith v. State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'Where the record on appeal is silent, it will be presumed that what ought to have been done was not only done, but was rightly done.' Watson v. State , 398 So.2d 320 (Ala.Cr.App. 1980), cert. denied, 398 So.2d 332 (Ala.), cert. denied, Watson v. Alabama , 452 U.S. 941 , 101 S.Ct. 3085 , 69 L.Ed.2d 955 (1981). See Watts v. State , . . . 460 So.2d 204 (Ala. 1983) ('(S)ilence at trial constitutes a waiver of arraignment.'); Marsden v. State , [ 475 So.2d 588 ] (Ala. 1984) (Defendant waived arraignment 'by pronouncing his readiness to proceed with trial and maintaining silence thereafter.'). 'A reviewing court cannot predicate error on matters not shown by the record. . . . Indeed, a silent record supports a judgment.' Robinson v. State , 444 So.2d 884 , 885 (Ala. 1983).”

   1 later decision quote this exact passage · from the dissent
   e.g. 659 So. 2d 933 - Hunt v. State

2. “[T]he State must prove [a defendant's] record in order to trigger the the operation of the habitual offender sentencing provisions.”

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