49 Ala. App. 130 - Padgett v. State’s Empirical Analysis

Citation profile

48 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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[i]n dealing with the question of possible prejudice, it is wise to be mindful of what our Supreme Court said, per Goodwyn, J., in Boggs v. State , 268 Ala. 358 , 106 So.2d 263 : `We have examined the entire record and are not satisfied that the admission of such evidence was without injury to substantial rights of appellant. He was charged with and found guilty of murder in the first degree; and we think the evidence clearly supports such finding. But, in so finding, it was within the sole discretion of the jury to prescribe as punishment either the death penalty or imprisonment in the penitentiary for life. Code 1940, Tit. 14, § 318. We cannot possibly probe into the mental processes of the jurors to ascertain whether and to what extent incompetent testimony actually had in influencing the exercise of their discretion in fixing the punishment. *Page 1035 We are not willing to say it did not have some influence on them, thus affecting the substantial rights of appellant.'”

   1 later decision quote this exact passage
   e.g. 466 So. 2d 1026 - Smith v. State

2. “"In a charge of crime, the state may prove former acts of hostility by the accused towards the victim for the purpose of showing motive in the accused and malice, if malice is an element of the offense. If the evidence in a charge of homicide or assault warrants a finding of accused's justification under the right of self-defense, he may prove former acts of hostility by the victim towards the accused as tending to show a motive in the victim to aggress against the accused and as tending to show apprehension of peril by the accused. When the act of hostility consists of a former difficulty, such as a quarrel or a fight between the accused and the victim, uncertainty prevails with respect to the extent to which the facts of such former difficulty or quarrel may be proven. The general rule in this area, however, is that the moving party may show the fact, but not the details, of the former difficulty." (emphasis supplied)”

   1 later decision quote this exact passage
   e.g. 476 So. 2d 626 - Crittenden v. State