560 So. 2d 1124 - Harrison v. State’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"[T]he legislature has taken upon itself to act as the court in statute, and it says, 'It is hereby imposed a penalty of five years incarceration.' So if the legislature wants to do the imposition of sentencing, I'm going to let the legislature do it. I am not going — I am not called upon by that statute to impose any kind of sentence. The legislature has imposed the sentence, and so the legislature can impose."”

   6 later decisions quote this exact passage
   e.g. 560 So. 2d 1128 - Wright v. State · 586 So. 2d 54 - Green v. State

2. “an indictment for the unlawful sale of drugs need not contain any reference to the sentence enhancing provisions of Ala. Code 1975 § 20-2-79 (or its successor provision, § 13A-12-250 ), in order for the defendant's sentence to be enhanced under that statute.”

   4 later decisions quote this exact passage
   e.g. Hardy v. State · 560 So. 2d 1128 - Wright v. State

3. “"Because the statute does not proscribe activities that are legally protected and does not involve any legally cognizable 'suspect' class, 'the classification must be upheld if "any state of facts rationally justifying it is demonstrated to or perceived by the court." ' United States v. Holland , 810 F.2d 1215 , 1219 (D.C. Cir.), cert. denied, 481 U.S. 1057 , 107 S.Ct. 2199 , 95 L.Ed.2d 854 (1987). The legislature of Alabama 'wanted to lessen the risk that drugs would be readily available to school children. It is surely rational to achieve that goal by increasing penalties for those who sell drugs near schools.' United States v. Agilar , 779 F.2d 123 , 125 (2d Cir. 1985), cert. denied, 475 U.S. 1068 , 106 S.Ct. 1385 , 89 L.Ed.2d 609 (1986). The enhanced punishment provision of [§ 13A-12-250 ], providing for an additional penalty of five years' imprisonment, with no probation, for the unlawful sale of a controlled substance 'if the situs of such unlawful sale was on the campus or within a one-mile radius of the campus boundaries of any public or private school, college, university, or other educational institution in this state' is rationally related to the purposes of the statute. Such a 'schoolyard' statute does not violate principles of equal protection. Holland , 810 F.2d at 1219 , and cases cited therein."”

   2 later decisions quote this exact passage
   e.g. Jackson v. State · Hardy v. State