Stegall v. State’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Where the record is silent on appeal, it will be presumed that what ought to have been done was not only done, but rightly done.”

   11 later decisions quote this exact passage
   e.g. Living v. State · Jordan v. City of Huntsville

2. ““Because the filing of a solicitor’s complaint is not jurisdictional, the failure to raise the timeliness issue may result in a waiver of the issue. ‘It has many times been decided that the defendant on appeal to the circuit court from an inferior court may waive the filing of a complaint by the State.’ Seaman v. State, 28 Ala.App. 480, 481 , 188 So. 269, 270 , cert. denied, 237 Ala. 598 , 188 So. 270 (1939). It reasonably follows that any defects in the filing of the solicitor’s complaint may also be waived. “In this case, the appellant made no motion to dismiss on the grounds of the untimely filing of the solicitor’s complaint until the day of trial.... At no time before his plea did he question the untimely filing of the solicitor’s complaint. The appellant has now waived any procedural defects in the filing of the solicitor’s complaint. This court, in Cottonreeder v. State, 392 So.2d 869 (Ala.Cr.App.1980), writ denied, 392 So.2d 873 (Ala.1981), held: “ ‘In Taylor v. City of Decatur, 40 Ala.App. 571 , 117 So.2d 786 (1959), the defendant was deemed to have waived the ■ filing of the solicitor’s complaint where he did not demand one and where he filed a demurrer in circuit court to the original complaint sent up from the inferior court. Likewise, in the instant case, we find no demand by appellant that the circuit court proceed on a district attorney’s complaint and likewise we find that appellant filed a demurrer in circuit court to the original complaint sent up from the d”

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

3. ““Within fourteen (H) days after the filing of a notice of appeal to the circuit court for trial de novo, the clerk of the municipal or district court shall transmit to the clerk of the circuit court such records of the proceedings as are in his possession, including the original charging instrument. If appeal is from a municipal court and the clerk thereof shall fail to transmit such records to the clerk of the circuit court within the time prescribed, the municipality shall be deemed to have abandoned the prosecution; the defendant shall stand discharged, with prejudice; and any bond shall be automatically terminated.””

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