Sturdivant v. State’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"I dissent from that portion of the order of the majority stating, 'Appellant's argument that the trial court erred by telling the jury that a higher court would have the opportunity to cure any errors at trial is waived as the appellant failed to cite any legal authority for his argument. Johnson *Page 1015 v. State , 500 So.2d 494 , 498 (Ala.Cr.App. 1986).' "This is but another application of the principle set out in Johnson v. State , 500 So.2d 494 , 498 (Ala.Cr.App. 1986), which relies on the case of Vinzant v. State , 462 So.2d 1037 (Ala.Cr.App. 1984), which adopted the rule applied in civil cases that arguments not based on legal authority have the same effect as if no argument had been made, and the argument will be deemed waived. In my opinion, this Court compounds the error by relying upon that principle."”

   1 later decision quote this exact passage · from the concurrence
   e.g. Sturdivant v. State

2. “"If issues for which no authority is cited are deemed to be waived, then filing a brief that fails to cite authority is the functional equivalent of failing to file a brief at all, which 'constitutes a per se denial of the effective assistance of counsel.' Id. Where an issue has merit, waiver on this ground obviously raises 'the question of ineffective assistance of counsel.' Id. "”

   1 later decision quote this exact passage · from the concurrence
   e.g. Sturdivant v. State