629 So. 2d 721 - Cavender v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In Cavender v. State , 629 So.2d 721 , 723 (Ala.Crim.App. 1993), this Court held that 'the State need prove only that the sale occurred within three miles of a school "by a preponderance of the evidence.”

   3 later decisions quote this exact passage
   e.g. 766 So. 2d 181 - Frasier v. State · 675 So. 2d 55 - Fletcher v. State

2. “"The granting or denial of a new trial on the ground of newly discovered evidence is a matter left largely to the discretion of the trial judge, whose decision will be overturned only for an abuse of that discretion. An appellate court, in reviewing a grant or denial of a new trial motion, is obliged to indulge every presumption in favor of the correctness of the trial court's decision."”

   2 later decisions quote this exact passage
   e.g. 745 So. 2d 284 - Smith v. State · 652 So. 2d 797 - Kirby v. State

3. “"`The granting of a new trial on the ground of newly discovered evidence rests in the discretion of the trial court and depends largely on the credibility of the new evidence. Snider v. State, 473 So.2d 579 (Ala.Cr.App.1985); Robinson v. State, 389 So.2d 144 (Ala.Cr.App.), cert. denied, 389 So.2d 151 (Ala.1980). The trial court is the factfinder in a hearing on a motion for a new trial, and a condition to the granting of a new trial on the basis of newly discovered evidence is that the trial court must believe the evidence presented. McDonald v. State, 451 So.2d 440 (Ala.Cr.App.1984).' " McMillian v. State, 594 So.2d 1253, 1264 (Ala.Cr.App.1991), remanded as to result, 594 So.2d 1288 (Ala.1992). `This Court can neither pass judgment on the possible truthfulness or falsity of testimony, ... nor on the credibility of witnesses.' Collins v. State, 412 So.2d 845, 846 (Ala.Cr. App.1982). `[A] presumption of correctness will continue to be indulged in favor of the trial court's factual findings, and the trial court's ruling on the motion will be upheld on appeal unless it is clearly erroneous.' Frazier, 562 So.2d at 570 ."”

   1 later decision quote this exact passage
   e.g. 690 So. 2d 449 - Wilson v. State