492 So. 2d 638 - 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. “"Once the State has made proper proof of prior convictions for sentence enhancement purposes, and an objection to that proof is made, the defendant bears the *Page 787 'burden of presenting evidence in support thereof.' Tate v. State , 435 So.2d 190 , 195 (Ala.Cr.App. 1983) (citation omitted). At the trial court level, the appellant offered no evidence in support of his claim that the person named in the prior convictions was not one and the same as the appellant in the instant case. As this court has stated, 'identity of name raises a presumption of [identity of] person.' Crawford v. State , 479 So.2d 1349 , 1355 (Ala.Cr.App. 1985) (citations omitted). 'There is a prima facie presumption that where two names are identical that those names refer to the same person.' Davis v. State , 457 So.2d 992 , 995 (Ala.Cr.App. 1984)."”

   2 later decisions quote this exact passage
   e.g. 533 So. 2d 645 - Carlisle v. State · 570 So. 2d 784 - Dover v. State

2. ““(a) A person commits the crime of burglary in the third degree if he knowingly enters or remains unlawfully in a building with intent to commit a crime therein.””

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