555 So. 2d 307 - Smoot v. State’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY, ALABAMA “STATE OF ALABAMA “vs. “CHARLES SMOOT CRIMINAL CASE NO. 86-1791-TH FINDINGS OF FACT “This matter comes before this Court on remand from the Alabama Court of Criminal Appeals. In accordance with instructions on remand, the Court hereby makes the following findings of fact regarding the following issues raised on Petitioner’s appeal: “I. Whether defendant was denied effective assistance of counsel, and further whether the trial court committed reversible error, when defendant was not advised of his right to appeal by either counsel or court. “This court, as a matter of course, orally advises each defendant who enters a plea of guilt of his right to appeal the case. However, the record of the plea colloquy is unclear on whether the petitioner was advised of this right. Therefore, out of an abundance of caution, this Court deems it appropriate and necessary for the petitioner to be allowed an out of time appeal. “II. Whether defendant was denied effective assistance of counsel because of the trial counsel’s failure to properly object to the introduction of the tape recorded conversations admitted into evidence. “The record of the evidentiary hearing clearly reflects that trial counsel did in fact file a motion to suppress the tape recorded conversations and the motion was denied by this Court. It is therefore this Court’s opinion that this contention is unfounded. “HI. Whether the appellant was denied effective assistance of co”

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

2. “specific findings of fact relating to each material issue of fact presented.”

   1 later decision quote this exact passage
   e.g. 652 So. 2d 198 - Ex Parte Walker