Mount v. State’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The 'weight of the evidence' refers to ' "a determination [by] the trier of fact that a greater amount of credible evidence supports one side of an issue or cause than the other." ' Tibbs v. Florida , 457 U.S. 31 , 3738 , 102 S.Ct. 2211 , 2216 , 72 L.Ed.2d 652 (1982). Bland v. State , 601 So.2d 521 , 524 (Ala.Cr.App. 1992); Johnson v. State , 555 So.2d 818 , 820 (Ala.Cr.App. 1989). Conflicting evidence presents a jury issue. Smith v. State , 583 So.2d 990 (Ala.Cr.App.), writ denied, 583 So.2d 993 (Ala. 1991). 'The jury is the judge of the facts, the demeanor of the witnesses, and their testimony.' Finch v. State , 445 So.2d 964 (Ala.Cr.App. 1983). . . . . Where facts are presented from which the jury could reasonably infer that the alleged crime has been committed, then the question must be submitted to the jury. Brandon v. State , 542 So.2d 1316 (Ala.Cr.App. 1989). 'The jury is then under a duty to draw permissible inferences from the circumstantial evidence presented and to base its verdict accordingly.' Id. at 1318 ."”

   1 later decision quote this exact passage
   e.g. 686 So. 2d 563 - Read v. State