McLemore v. State’s Empirical Analysis

Citation profile

1 federal appellate · 36 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"This court is aware that the Alabama Supreme Court has, in two cases, held that the prosecutor's failure to comply with a Rule 18 [Ala.R.Crim.P. (Temp.), now Rule 16, Ala.R.Crim.P.] discovery order mandated a reversal. Ex parte Motley , 534 So.2d 564 (Ala. 1988); Ex parte Lambert , 519 So.2d 899 (Ala. 1987). Both of these cases, however, involved the failure to provide extrajudicial statements of the defendant and apparently involved facts from which the Supreme Court concluded that a reversal was the only sanction which `would accomplish the goals of the discovery rules.' McCrory v. State , 505 So.2d [1272 . 1279 (Ala.Crim.App. 1986)]. We note that neither of those cases contained any discussion of the other sanctions for nondisclosure contained in Rule 18.5 [now Rule 16.5]. We, therefore, find those cases distinguishable from the case at bar."”

   3 later decisions quote this exact passage
   e.g. Sullivan v. State · 965 So. 2d 1112 - Jennings v. State

2. “"[I]f at any time during the course of proceedings it is brought to the attention of the court that a party has failed to comply with this rule . . ., the court . . . may grant a continuance if requested by the aggrieved party; may prohibit the party from introducing evidence not disclosed; *Page 527 or may enter such other order as the court deems just under the circumstances."”

   3 later decisions quote this exact passage
   e.g. 965 So. 2d 1112 - Jennings v. State · 690 So. 2d 521 - Minnis v. State

3. “"`[B]urglary, even where the intent be to commit rape, and rape are separate and distinct offenses,' Beckley v. State, 357 So.2d 1022, 1024 (Ala.Cr.App.1978), as each involves proof of facts not required by the other. See Ala.Code 1975, §§ 13A-7-5, 13A-6-61. The same is true concerning burglary and sodomy. See Ala.Code 1975, §§ 13A-7-5, 13A-6-63. First degree rape and first degree sodomy are similar in that both require proof of `forcible compulsion.' Ala.Code 1975, §§ 13A-6-61, 13A-6-63. However, rape also requires proof of `sexual intercourse,' as defined in § 13A-6-60(1), as opposed to sodomy, which requires the additional proof of `deviate sexual intercourse,' as defined in § 13A-6-60(2). The definitions of `sexual intercourse' and `deviate sexual intercourse' being quite different, we conclude that rape and sodomy each `has at least one statutory element that the other does not.' Sears [v. State, 479 So.2d 1308, 1311 (Ala.Cr.App. 1985)]. Although there was, as McElmore contends, only one `transaction,' there were three different crimes committed during this continuing transaction and McElmore may be convicted and punished separately for each of them. See Clift v. State, 352 So.2d 838 (Ala.1977), cert. denied, 435 U.S. 909 , 98 S.Ct. 1459 , 55 L.Ed.2d 500 (1978); Beckley v. State, supra; Brown v. State, 367 So.2d 557, 559 (Ala.Cr.App.1978), cert. denied, 367 So.2d 559 (Ala.1979)."”

   2 later decisions quote this exact passage
   e.g. Dawson v. State · Ex Parte Dawson