State v. Brown’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. “"`Other than the issue as to whether Governor Wallace's Rule 60(b)(6) motion was due to be granted, plaintiff argues only that this Court should revisit its prior decision in this case because it reversed on a ground not raised by the parties. "`This Court overruled Glasscock's application for rehearing in the prior appeal of this case. His request that we now overturn the prior decision amounts to a second application for rehearing. "No second application for rehearing will be considered unless the rehearing reversed or substantially modified the original opinion of the court." Rule 41, [Ala.] R. Civ. P. Furthermore, the decision in the prior appeal is the law of the case. Congress of Industrial Organizations v. McAdory , 246 Ala. 198 [, 20 So.2d 40 ] (1944), cert. dismissed, 325 U.S. 472 , 65 S.Ct. 1395 , 89 L.Ed. 1741 (1945); Premier Industrial Corp. v. Marlow , 292 Ala. 407 , 295 So.2d 396 (1974), cert. denied , 419 U.S. 1033 , *Page 1196 95 S.Ct. 515 , 42 L.Ed.2d 308 (1974). Because the appeal raises only this issue regarding the judgment against Teague and the Department of Education, it is due to be dismissed as to these defendants.'”

   1 later decision quote this exact passage
   e.g. 950 So. 2d 1180 - ALABAMA DEM v. Town of Lowndesboro

2. “"The State of Alabama, by and through the Attorney General, raised in the trial court, and in this Court, a constitutional issue of the right of this Court to award attorney fees against the State of Alabama , in view of the provisions of Section 14 of the Constitution of Alabama 1901. 4 Unfortunately, the Court has elected not to address this important constitutional question, by stating that it is an issue that was decided adversely to the State on original deliverance and on rehearing, and that the State is attempting to raise the issue for a second time. I believe the Court is mistaken in thinking that the constitutional issue was raised in the State's application for rehearing in [ Brown I ]. I have checked the original briefs and the application for rehearing in that case, and I conclude that the constitutional issue was not raised. Normally, this Court will address a constitutional claim that is properly raised in the trial court. " 4 As shown in footnote [3], supra, the constitutional issue was raised in a motion for summary judgment, supported by affidavits and other evidence."”

   1 later decision quote this exact passage · from the majority
   e.g. 950 So. 2d 1180 - ALABAMA DEM v. Town of Lowndesboro

3. “"We . . . remanded the case to the trial court for proceedings to determine the amount of attorney fees to be awarded. The question before the trial court was not whether to award attorney fees, but what amount should be awarded. ". . . .”

   1 later decision quote this exact passage
   e.g. 950 So. 2d 1180 - ALABAMA DEM v. Town of Lowndesboro