Lipham v. State’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “' House v. State , 380 So.2d 940 , 943 (Ala. 1979). Compare Ex parte Hightower , 443 So.2d 1272 (Ala. 1983) (fatal variance between indictment charging sexual misconduct without consent and proof of sexual misconduct with consent obtained by artifice).”

   3 later decisions quote this exact passage
   e.g. Pace v. State · 697 So. 2d 800 - Moore v. State

2. “'One of the functions of an indictment is to adequately inform the accused of the crime charged so that a defense may be prepared. Ex parte Washington , 448 So.2d 404 , 407 (Ala. 1984). A variance in the form of the offense charged in the indictment and the proof presented at trial is fatal if the proof offered by the State is of a different crime, or of the same crime, but under a set of facts different from those set out in the indictment. Ex parte Hightower , 443 So.2d 1272 , 1274 (Ala. 1983).' " Ex parte Hamm , 564 So.2d 469 , 471 (Ala.), cert. denied, 498 U.S. 1008 , 111 S.Ct. 572 , 112 L.Ed.2d 579 (1990). ". . . '[T]here must be a material variance between indictment and proof before a conviction will be overturned for that reason.' Ex parte Collins , 385 So.2d 1005 , 1009 (Ala. 1980) (emphasis in original). 'The law of this state is well settled that "[t]here is no material variance where there is proof of so much of an indictment as shows the defendant committed a substantial *Page 325 offense specified therein.”

   2 later decisions quote this exact passage
   e.g. Pace v. State · 697 So. 2d 800 - Moore v. State

3. “Deception occurs when a person knowingly . . . [c]reates or confirms another's impression which is false and which the defendant does not believe to be true.”

   1 later decision quote this exact passage
   e.g. Ex Parte Rosborough III