67 So. 3d 936 - Dotch v. State’s Empirical Analysis

Citation profile

11 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Speculation from a silent record will not support a finding of prejudice. Ex parte Walker, 972 So.2d 737, 755 (Ala.2007), cert. denied, Walker v. Alabama, 552 U.S. 1077 , 128 S.Ct. 806 , 169 L.Ed.2d 608 (2007). A reviewing court can not presume error from a silent record. ‘ “This court is bound by the record and not by allegations or arguments in brief reciting matters not disclosed by the record.” Webb v. State, 565 So.2d 1259, 1260 (Ala.Cr.App.1990). See also Acres v. State, 548 So.2d 459 (Ala.Cr.App.1987). Further, we cannot predicate error from a silent record. Owens v. State, 597 So.2d 734 (Ala.Cr.App.1992); Woodyard v. State, 428 So.2d 136 (Ala.Cr.App.1982), aff'd, 428 So.2d 138 (Ala.), cert. denied, 462 U.S. 1136 , 103 S.Ct. 3120 , 77 L.Ed.2d 1373 (1983).’ Whitley v. State, 607 So.2d 354, 361 (Ala.Crim.App.1992).””

   2 later decisions quote this exact passage
   e.g. Woodward v. State · Revis v. State

2. ““ ‘ “The weight of the evidence, the credibility of the witnesses, and inferences to be drawn from the evidence, where susceptible of more than one rational conclusion, are for the jury alone. Willcutt v. State, 284 Ala. 547 , 226 So.2d 328 (1969).” Walker v. State, 416 So.2d 1083, 1089 (Ala.Cr.App.1982). “It was within the province of the jury to give the evidence in the case whatever weight and emphasis they thought proper in reaching their verdict.” Linson v. State, 394 So.2d 85, 92 (Ala.Cr.App.1981). “Where, as in this case, there is conflicting evidence presented by the prosecution and the defense, it is for the jury to resolve the conflict and determine the defendant’s guilt or innocence. ... In making its determination, the jury may believe or disbelieve all or any part of the testimony presented by either side.” Terry v. State, 424 So.2d 652, 655 (Ala.Cr.App.1982). “ ‘ “Conflicting evidence always presents a question for the jury unless the evidence fails to establish a prima facie case. Starling v. State, 398 So.2d 337 (Ala.Cr.App.), cert. denied, Ex parte Starling, 398 So.2d 342 (Ala.1981).” Gardner v. State, 440 So.2d 1136, 1137 (Ala.Cr.App.1983).’”

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

3. “" 'In Davis v. State , 718 So.2d 1148 (Ala. Crim. App. 1995) (opinion on return to remand), aff'd, 718 So.2d 1166 (Ala. 1998), cert. denied, 525 U.S. 1179 , 119 S.Ct. 1117 , 143 L.Ed. 2d 112 (1999), we stated: " ' "A jury composed exclusively of jurors who have been death-qualified in accordance with the test established in Wainwright v. Witt , 469 U.S. 412 , 105 S.Ct. 844 , 83 L.Ed. 2d 841 (1985), is considered to be impartial even though it may be more conviction prone than a non-death-qualified jury. Williams v. State , 710 So.2d 1276 (Ala. Cr. App. 1996). See Lockhart v. McCree , 476 U.S. 162 , 106 S.Ct. 1758 , 90 L.Ed. 2d 137 (1986). Neither the federal nor the state constitution prohibits the state from ... death-qualifying jurors in capital cases. Id. ; Williams ; Haney v. State , 603 So.2d 368 , 391-92 (Ala. Cr. App. 1991), aff'd, 603 So.2d 412 (Ala. 1992), cert. denied, 507 U.S. 925 , 113 S.Ct. 1297 , 122 L.Ed. 2d 687 (1993)." " ' 718 So. 2d at 1157. There was no error in allowing the State to death qualify the prospective jurors.' "”

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