55 Ala. App. 272 - Highsmith v. State’s Empirical Analysis

Citation profile

40 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The proper method of proving the prior conviction is not through the testimony of the circuit clerk, but rather by a certified copy of the minute entry showing the . prior conviction. Childers v. Holmes, 207 Ala. 382 , 92 So. 615 ; Thompson v. State, 100 Ala. 70 , 14 So. 878 ; Palmer v. State, 1975, 54 Ala.App. 707 , 312 So.2d 399 .””

   2 later decisions quote this exact passage
   e.g. 390 So. 2d 310 - Williams v. State · 419 So. 2d 610 - Lidge v. State

2. ““Appellant asserts that the trial court incorrectly admitted evidence over objection and motion of the prior conviction of grand larceny due to the fact that he was not represented by counsel when he plead guilty on April 10,1950, to grand larceny. In admitting this record, the trial court committed reversible error. The Supreme Court of the United States determined in Burgett v. Texas, 389 U.S. 109 , 88 S.Ct. 258 , 19 L.Ed.2d 319 , that a state may not use the record of a prior conviction to enhance the punishment in a given case without first affirmatively establishing that the accused was represented by counsel or waived counsel at the time of such prior offense.””

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