Kirkpatrick 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. ““ ‘[A] judge who presided over the trial or other proceeding and observed the conduct of the attorneys at the trial or other proceeding need not hold a hearing on the effectiveness of those attorneys based upon conduct that he observed.’ Ex parte Hill, 591 So.2d 462, 463 (Ala.1991). “ ‘ “In some cases, recollection of the events at issue by the judge who presided at the original conviction may enable him summarily to dismiss a motion for postconviction relief.” Little v. State, 426 So.2d 527, 529 (Ala.Cr.App.1983). “If the circuit judge has personal knowledge of the actual facts underlying the allegations in the petition, he may deny the petition without further proceedings so long as he states the reasons for the denial in a written order.” Sheats v. State, 556 So.2d 1094, 1095 (Ala.Cr.App. 1989).’ “Norris v. State, 579 So.2d 34, 35 (Ala.Cr. App.1991) (Bowen, J., dissenting). See also Harvell v. State, 594 So.2d 1301, 1302 (Ala.Cr.App.1992). Findings based on the personal observations of a judge are entitled to ‘significant weight.’ Wiggins v. State, 572 So.2d 1296, 1301 (Ala.Cr.App.1990).””

   2 later decisions quote this exact passage · from the majority
   e.g. 630 So. 2d 159 - Briggs v. State · 646 So. 2d 161 - Ray v. State

2. “judge denied the petition in a very thorough written order . . . which concluded: '[B]ased upon the Court's observations and the Court's involvement in this case, it is the opinion of the Court that the defendant was not denied effective assistance of counsel'”

   1 later decision quote this exact passage
   e.g. 646 So. 2d 161 - Ray v. State