589 So. 2d 798 - Smith 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. “"In addition to any penalties heretofore or hereafter provided by law for any person convicted of an unlawful sale of a controlled substance, there is hereby imposed a penalty of five years incarceration in a state corrections facility with no provision for probation if the situs of such unlawful sale was on the campus or within a three-mile radius of the campus boundaries of any public or private school, college, university or other educational institution in this state."”

   2 later decisions quote this exact passage
   e.g. 846 So. 2d 370 - Poole v. State · 611 So. 2d 487 - Burks v. State

2. ““We need not define the parameters of the conduct embraced within the term ‘sale’ as used in the schoolyard sentence enhancement statute because, in this case, the evidence shows that the appellant accepted $40 from an undercover law enforcement officer in exchange for .130 grams of crack cocaine. A ‘sale’ is commonly understood as a transfer of property for money. The Random, House Dictionary of the English Language at 1693 (2d ed: 1987). Words used in the statute must be give their natural, plain, ordinary, and commonly understood meaning.’ Alabama Farm Bureau Mutual Casualty Ins. Co. v. City of Hartselle, 460 So.2d 1219, 1223 (Ala.1984). See also Buckelew v. State, 48 Ala.App. 411, 415 , 265 So.2d 195, 197 , cert. denied, 288 Ala. 735 , 265 So.2d 202 , cert. denied, 409 U.S. 1060 , 93 S.Ct. 558 , 34 L.Ed.2d 512 (1972).””

   1 later decision quote this exact passage
   e.g. Orr v. State