521 So. 2d 1346 - Lovell 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'In Robinson v. State , 441 So.2d 1045 , 1047 (Ala.Crim.App. 1983), this court observed that a person who intentionally draws a gun in response to or in anticipation of a confrontation with another is certainly aware of the risk that the gun might discharge; therefore, he cannot be guilty of mere criminal negligence.'”

   6 later decisions quote this exact passage
   e.g. Pride v. State · Bunn v. State

2. ““A person acts with criminal negligence with respect to a result or to a circumstance which is defined by statute as an offense when he fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists.””

   2 later decisions quote this exact passage
   e.g. Gargus v. State · Marshall v. State

3. “" ' " '[D]ue process requires that a lesser included offense instruction be given only when the evidence warrants such an instruction.' Hopper v. Evans , 456 U.S. 605 , 102 S.Ct. 2049 , 72 L.Ed.2d 367 (1982). 'Under Alabama law, the rule in non-capital cases is that a lesser included offense instruction should be given if "there is any reasonable theory from the evidence which would support the position." ' Hopper , citing Fulghum [ v. State , 291 Ala. 71 , 277 So.2d 886 (1973).] By statute, '[t]he court shall not charge the jury with respect to an included offense unless there is a rational basis for a verdict convicting the defendant of the included offense.' Alabama Code Section 13A-1-9 (b) (1975)." ' " Woods v. State , 485 So.2d 1243 , 1245 (Ala.Cr.App. 1986), quoting Phelps v. State , supra." Lovell v. State , 521 So.2d 1346 , 1350-51 (Ala.Crim.App. 1987).”

   1 later decision quote this exact passage
   e.g. 650 So. 2d 605 - Buskey v. State