580 So. 2d 588 - Back 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. “"Under . . . [A.R.Cr.P.Temp.] Rule [20.3, now A.R.Cr.P. 32.3,] the State is required to plead the ground or grounds of preclusion that it believes apply to the petitioner's case, thereby giving the petitioner the notice he needs to attempt to formulate arguments and present evidence to 'disprove [the] existence [of those grounds] by a preponderance of the evidence.' Temp. Rule 20.3, Ala. R.Crim.P. A general allegation that merely refers to the Rule does not provide the type of notice necessary to satisfy the requirements of due process and does not meet the burden of pleading assigned to the State by Rule 20.3."”

   1 later decision quote this exact passage
   e.g. 597 So. 2d 764 - Hughley v. State

2. “[a]fter finding that Back had failed to allege any newly discovered evidence which would tell the applicable statute of limitations, the trial court held that the petition was barred by the two-year statute of limitations”

   1 later decision quote this exact passage
   e.g. 644 So. 2d 977 - Garrett v. State