Adkins v. State’s Empirical Analysis

Citation profile

2 federal appellate · 17 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Several factors to be evaluated when considering the propriety of a continuance are the length of the continuance, the inconvenience to witnesses, counsel, and the court, and whether the 'defendant has other competent counsel prepared to try the case, including the consideration of whether the other counsel was retained as lead or associate counsel.' United States v. Burton , 584 F.2d 485 , 490-91 (D.C. Cir. 1978), cert. denied, 439 U.S. 1069 , 99 S.Ct. 837 , 59 L.Ed.2d 34 (1979). "The decision to grant or deny a motion for continuance will not be reversed unless the trial judge has abused his discretion. See Canada. v. State , 421 So.2d 140 (Ala.Cr.App. 1982); Jenkins v. State , 384 So.2d 1135 (Ala.Cr.App. 1979); cert. denied, 384 So.2d 1141 (Ala. 1980). "In Jenkins , supra, this court faced a similar issue where a continuance was requested because co-counsel could not participate in the trial due to a death in his family. In that case we noted that 'there was no showing that the appellant could not be adequately represented by the remaining attorney.' This court also stated that the remaining counsel adequately represented the appellant at trial."”

   3 later decisions quote this exact passage
   e.g. 678 So. 2d 1197 - Grimsley v. State · 683 So. 2d 1 - Baker v. State

2. “Dr. Embry observed seven very deep lacerations to the victim’s scalp. There was a stab wound to the upper abdomen which was six and a half inches long. It extended into the liver, stomach, and heart. There were six small scratches on the victim’s left buttock which were consistent with fingernail scratches. She also had a bruise on the inside of her left thigh. There were bruises, scrapes and lacerations on both hands. [He] testified that these were defense wounds. When [he] examined the victim’s oral cavity and lungs, her mouth and throat were filled with dirt and small rocks that went through her larynx all the way down into her lungs. It was this impacted dirt in the victim’s airway, in association with the stab wounds and blunt force trauma to the head, that caused the victim’s death. [He] testified that the incisions through the tendons of the victim’s wrists appeared to be post-mor-tem because there was no bleeding in the wounds.”

   1 later decision quote this exact passage
   e.g. Adkins v. Warden

3. “[Canon 3C, Alabama Canons of Judicial [Ethics] does not require disqualification `upon mere accusation of bias unsupported by substantial fact.' Taylor v. Taylor , 359 So.2d 395 , 398 (Ala.Civ.App. 1978). See also Ross v. Luton , 456 So.2d 249 (Ala. 1984); Moreland v. State , 469 So.2d 1305 (Ala.Cr.App. 1985). Prejudice on the part of a judge should not be presumed. Ross v. Luton; Duncan v. Sherill , 341 So.2d 946 (Ala. 1977). The United States Supreme Court in Aetna Life Ins. Co. v. Lavoie , 475 U.S. 813 , 820 , 106 S.Ct. 1580 , 1585 , 89 L.Ed.2d 823 (1986), stated: "`The law will not suppose a possibility of bias or favor in a judge, who is already sworn to administer impartial justice, and whose authority greatly depends upon that presumption and idea.'”

   1 later decision quote this exact passage
   e.g. 728 So. 2d 1117 - Clark v. State