598 So. 2d 1009 - 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. “specific findings of fact relating to each material issue of fact presented. " We agree that specific issues were presented at the hearing, and we cannot say that these issues were obviously without merit. Under the circumstances of this case, we hold that the cause is due to be remanded for the circuit court to make specific findings of fact as required by Rule 32.9(d), Ala.R.Crim.P. We therefore remand the cause to the Court of Criminal Appeals for it to issue an order of remand. We take this action upon the petition for writ of certiorari, not upon the motion to remand for further evidentiary proceedings pursuant to Walker's pro se "Emergency Motion.”

   1 later decision quote this exact passage
   e.g. 652 So. 2d 198 - Ex Parte Walker

2. “the petitioner is entitled to notice of a specific ground of preclusion upon which the circuit court relied in dismissing the petition”

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