Ellis v. State’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““When there is no objection at the trial level, a matter cannot be considered for the first time on appeal. Qualls v. State, 555 So.2d 1158 (Ala.Cr.App.1989); Thornton v. State, 527 So.2d 143, 146 (Ala.Cr.App.), writ quashed, Ex parte Thornton, 527 So.2d 146 (Ala.1988). Simply stated, ‘[mjatters not objected to are not preserved for review.’ Maul v. State, 531 So.2d 35, 36 (Ala.Cr.App.1987). The reason for requiring timely objections is to give the trial court an opportunity to correct any defects or errors called to its attention before the case is submitted to the jury. Ex parte Knight, 453 So.2d 754 (Ala.1984). “The appellant alleges in a footnote to his brief that this issue constitutes plain error and, therefore, may be reviewed by this court under the plain error doctrine. Contrary to the appellant’s understanding of this doctrine, this court will review a ease for plain error only when the death penalty has been imposed. Cook v. State, 384 So.2d 1158 (Ala.Cr.App.), cert. denied, 384 So.2d 1161 (Ala.1980); McGinnis v. State, 382 So.2d 605 (Ala.Cr.App.1979), writ denied, 382 So.2d 609 (Ala.1980). See also Rules 45A and 45B, A.R.App.P. “For the reasons stated above, we find that the issue raised by the appellant on appeal was not preserved in the court below and is not reviewable by this court.””

   1 later decision quote this exact passage
   e.g. 719 So. 2d 281 - Bass v. State