627 So. 2d 1065 - McLeod 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. ““Judge Bowen, dissenting from the opinion of the Court of Criminal Appeals in this case, summed up the situation by stating: ‘[Ajppellate counsel’s failure to take advantage of the procedure announced in [Ex parte] Jackson [ 598 So.2d 895 (Ala.1992),] is understandable in view of the fact that that case had been decided only six days before counsel was appointed. However, the fact remains that the issue of ineffective assistance was never presented to the trial court.’ Judge Bowen concluded: “ ‘Contrary to the opinion of the majority, this Court should not automatically remand a cause so that the trial court can make a determination of a defendant’s claim of ineffective representation where that issue is presented for the first time on appeal. The procedure the majority follows in this ease renders ... Jackson unnecessary and totally useless.’ “627 So.2d at 1065. (Emphasis original.) ‘We agree with Judge Bowen’s reasoning and, accordingly, reverse the judgment of the Court of Criminal Appeals. This case is remanded to that court for a determination consistent with this opinion.””

   1 later decision quote this exact passage · from the majority
   e.g. McLeod v. State

2. ““[I]n the substituted [Ex parte ] Jackson[, 598 So.2d 895 (Ala.1992),] opinion we reiterated that we made no exception ‘to the rule that a claim of ineffective assistance of [trial] counsel may not be considered on appeal if it was not first presented to the trial court.’ 598 So.2d at 897 . However, we have held that the Court of Criminal Appeals can remand a case for the trial court to hear an ineffective assistance of counsel claim, where the claim is first raised on appeal ‘if it determines justice would require it.’ Thompson v. State, 525 So.2d 820, 831 (Ala.1985) (emphasis in original).””

   1 later decision quote this exact passage
   e.g. 667 So. 2d 149 - Youngblood v. State