Powell v. State’s Empirical Analysis

Citation profile

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

1. “"The appellant argues that the trial court erred by refusing to give his requested jury instructions regarding reckless assault. He contends that because he asserted at trial that he had been intoxicated and, therefore, that he did not have the specific intent to commit robbery, the trial court should have instructed the jury regarding reckless assault in the second degree as provided by § 13A-6-21(a)(3) and reckless assault in the third degree, as provided by 13A-6-22(a)(2), Code of Alabama 1975. "The appellant was charged by indictment with robbery in the first degree for `us[ing] force or threaten[ing] the imminent use of force against the person of Katherine Griffin, with the intent to overcome her physical resistance or physical power of resistance or to compel acquiescence to the taking of or escaping with [her] property, while [he] was armed with a deadly weapon or dangerous instrument . . . .' He was not charged pursuant to § 13A-8-41(a)(2), which provides for robbery in the first degree in which the defendant allegedly caused `physical injury to another.' The state merely had to prove that he used `force,' rather than prove that the victim suffered `physical injury.' "Neither reckless assault in the second degree as provided for by § 13A-6-21(a)(3) nor reckless assault in the third degree as provided for by § 13A-6-22(a)(2), is a lesser included offense of the robbery in the first degree alternative of § 13A-8-41(a)[(1)], as the term `lesser included offense' is defi”

   1 later decision quote this exact passage
   e.g. 925 So. 2d 221 - Bradley v. State

2. “‘“To establish a Brady violation, the appellant must demonstrate that: (1) the prosecutor suppressed evidence, (2) the evidence was favorable to the appellant or was exculpatory, and (3) the evidence was material.’ Edwards v. State, 574 So.2d 864, 868 (Ala.Cr.App.1990)....‘ “The evidence is material only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result would have been different. A ‘reasonable probability1 is a probability sufficient to undermine confidence in the outcome.”’ McMillian v. State, 616 So.2d 933, 942 (Ala.Cr.App.1993) (quoting United States v. Bagley, 473 U.S. 667, 682 , 105 S.Ct. 3375, 3383 , 87 L.Ed.2d 481 (1985)).””

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

3. “"(a) A defendant may be convicted of an offense included in an offense charged. An offense is an included one if: "(1) It is established by proof of the same or fewer than all the facts required to establish the commission of the offense charged; or "(2) It consists of an attempt or solicitation to commit the offense charged or to commit a lesser included offense; or "(3) It is specifically designated by statute as a lesser degree of the offense charged; or "(4) It differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property, or public interests, or a lesser kind of culpability suffices to establish its commission."”

   1 later decision quote this exact passage
   e.g. 925 So. 2d 221 - Bradley v. State