McLemore 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. “‘"Where the appellant, without sufficient excuse, does not appear for trial de novo when called for trial, the court may dismiss the appeal, order the bond forfeited, and remand the case to the court appealed from for enforcement of the lower court’s judgment. Upon the motion of the appellant, for good cause shown, the court may set the order of dismissal aside and reinstate the appeal on such terms as the circuit court may prescribe. Any such motion must be filed within thirty (30) days of the entry of the order of dismissal. Failure of the trial court to rule within thirty (30) days of the entry of the order of dismissal on the motion seeking reinstatement of the appeal shall constitute a denial of the motion as of the thirtieth day. The clerk of the circuit court shall send a copy of the order of dismissal of the appeal to the appropriate trial court clerk no later than thirty (30) days from the date on which the appeal is dismissed. The entry of a judgment of default on the appeal bond shall comply with the procedures set forth in § 15-13-81, [Ala.Code 1975,] and a forfeiture may be entered by the circuit court or the court from which the appeal is taken.””

   2 later decisions quote this exact passage
   e.g. City of Leeds v. Barefield · Hulsey v. State

2. “'We have been cited to no authority authorizing the dismissal of a de novo appeal based upon a defendant's failure to appear at a time other than when the defendant's case is called for trial. See Ex parte Lawson , 578 So.2d 1052 (Ala. 1991) (defendant not present when case called for trial); Grizzard v. City of Huntsville , 641 So.2d 1273 (Ala.Cr.App. 1993) (defendant not present when case called for trial); Knight v. City of Enterprise , 594 So.2d 1302 (Ala.Cr.App. 1992) (defendant not present at call of trial docket). " 'We, therefore, hold that the circuit court's dismissal of the appeal when the appellant failed to appear at "plea day”

   2 later decisions quote this exact passage
   e.g. Hulsey v. State · 710 So. 2d 537 - Mayes v. State