575 So. 2d 1232 - Sides v. State’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “attorney to fulfill, because the appellant's mandatory sentence for trafficking would be life without parole under the habitual felony offender act; "E. Accordingly, because the district attorney could not perform his part of the bargain, the appellant was not obligated to perform his own part of the bargain, and, therefore, he should be allowed to withdraw his guilty plea and have further proceedings in the trial court. "We disagree with the appellant's argument. The appellant's guilty plea was conditional, and he was not sentenced to life [imprisonment] without parole upon that plea until he failed to fulfill that condition. The record reflects that the trial court was fully aware of the terms of the plea agreement when accepting the appellant's guilty plea. The record also shows that the trial court continued the appellant's sentencing for [90] days to allow the appellant an opportunity to provide the assistance to law enforcement. At the time of the appellant's initial sentencing hearing, [90] days later, the appellant was unable to obtain a favorable recommendation from the district attorney, and all the parties agreed to give the appellant an additional two months to provide assistance to law enforcement. At the later sentencing hearing, the district attorney again refused to make a recommendation to the trial court, arguing to the court that the appellant had still not provided substantial assistance to law enforcement. The trial court then sentenced the appellant to l”

   1 later decision quote this exact passage
   e.g. 837 So. 2d 876 - Fincher v. State

2. ““We start with the premise that this court will not disturb the decision of the trial court, in relation to the findings concerning the plea bargain agreement, unless a clear abuse of discretion has been shown. See McKee v. State, 253 Ala. 235 , 44 So.2d 781 (1949). “ ‘This Court will not interfere with the trial court’s exercise of discretion unless a clear abuse in the exercise of that authority has been shown. Woods v. State, 367 So.2d 982, 984 (Ala.1978). The trial judge’s actions are presumptively correct in the absence of a showing to the contrary. Ballard v. State, 236 Ala. 541, 542 , 184 So. 260 (1938). On appeal, error is not presumed and the party claiming that a trial judge has abused his discretion has the burden of persuasion. [Citation omitted.]’ ””

   1 later decision quote this exact passage
   e.g. 964 So. 2d 80 - State v. J.R.M.