Duncan v. State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"`" l. Who has been placed for care or adoption in violation of the law; or "`"m. Who for any other cause is in need of the care and protection of the state; and "`"n. In any of the foregoing, is in need of care or supervision." "`The appellant claims that the indictment was defective because the allegation that she failed to prevent her child from becoming a dependent, " by such conduct more particularly described as knowingly leaving said child in an abusive environment " did not specifically track any of the fourteen alternatives found in subsections (a) through (n) of § 12-15-1(10), defining a "dependent child." "`The appellant is correct that the phrase "knowingly leaving said child in an abusive environment" is not in verbatim correspondence with any one of the fourteen alternatives of § 12-15-1(10). Instead, the phrase appears to fit several of the statutory subsections, especially parts (d), (f), and (j). "`The indictment, however, need not have specified which of the § 12-15-1 subsections was applicable in order to have charged an offense. Generally, it is "sufficient to charge the elements of the statutory offense in the words of the statute [here, § 13A-13-6 ], provided the statute prescribe[s] with definiteness the constituent elements of the offense." Ex parte Harper , 594 So.2d 1181 , 1183 (Ala. 1991). The allegation that the appellant "fail[ed] to exercise reasonable diligence in the control of Kassie Larene Duncan so as to prevent Kassie Larene Duncan from bec”

   3 later decisions quote this exact passage
   e.g. Sullens v. State · Vaughn v. State

2. “"`"d. Whose home, by reason of neglect, cruelty or depravity on the part of his parent, parents, guardian or other person in whose care he may be, is an unfit and improper place for him; or "`"e. Whose parent, parents, guardian or other custodian neglects or refuses, when able to do so or when such service is offered without charge, to provide or allow medical, surgical or other care necessary for such child's health or well-being; or "`"f. Who is in such condition or surroundings or is under such improper or insufficient guardianship or control as to endanger his morals, health or general welfare; or "`"g. Who has no proper parental care or guardianship; or "`"h. Whose parent, parents, guardian or custodian fails, refuse[s] or neglect[s] to send such child to school in accordance with the terms of the compulsory school attendance laws of this state; or "`"i. Who has been abandoned by his parents, guardian or other custodian; or "`"j. Who is physically, mentally or emotionally abused by his parents, guardian or other custodian or who is without proper parental care and control necessary for his well-being because of the faults or habits of his parents, guardian or other custodian or their neglect or refusal, when able to do so, to provide them; or "`"k. Whose parents, guardian or other custodian are unable to discharge their responsibilities to and for the child; or”

   2 later decisions quote this exact passage
   e.g. Sullens v. State · 879 So. 2d 594 - Harrison v. State

3. “"`"(2) [H]e or she, as a parent . . . of a child less than 18 years of age, fails to exercise reasonable diligence in the control of such child to prevent him or her from becoming a `dependent child' . . . as defined in section 12-15-1." "`Section 12-15-1(10) provides that a "dependent child" is one "`"a. Who, for any reason, is destitute, homeless or dependent on the public for support; or "`"b. Who is without a parent or guardian able to provide for his support, training or education; or”

   2 later decisions quote this exact passage
   e.g. Sullens v. State · 879 So. 2d 594 - Harrison v. State