Tomlin v. State’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “' State v. Freeman, 605 So.2d 1258, 1259 (Ala. Cr.App.1992) (quoting Ex parte O'Leary, 438 So.2d 1372, 1373 (Ala. 1983), quoting in turn Ex parte O'Leary, 417 So.2d 232, 240 (Ala.1982)). `Voir dire' is an ancient phrase which literally means `to speak the truth.' W. LaFave & J. Israel, Criminal Procedure § 22.3(a) (2d. ed.1992). `”

   8 later decisions quote this exact passage
   e.g. State v. Ziegler · Dixon v. State

2. “"Tomlin contends that the prosecutor improperly manipulated the grand jury in the current proceedings by presenting to it evidence relating to the murder-for-hire charge, as to which he had been acquitted in the second trial. Tomlin claims that as a result, the grand jury was prejudiced against him and was improperly induced to charge him with double murder — a charge that it would, allegedly, not have otherwise returned. Because, as we have previously noted, the grand jury found probable cause to indict Tomlin for murder-for-hire, we presume that the prosecutor presented to the grand jury evidence of an alleged contract. However, the record before us contains none of the evidence presented to the grand jury. Thus, for purposes of our discussion of this issue, we assume that the evidence relevant to a murder-for-hire charge that was presented to the grand jury was the same subsequently presented to the petit jury: (1) that Tomlin referred to Daniels as a `hit man,' and (2) that Tomlin stated that he hired Daniels to kill the victims. "Tomlin has failed to present anything in the record that would indicate that the prosecutor did not present sufficient evidence to the grand jury on the charge of double murder. "`"When it appears that witnesses were examined by the grand jury, or that the grand jury had before them documentary evidence, no inquiry into the sufficiency of the evidence is indulged." Loyd v. State, 279 Ala. 447, 448 , 186 So.2d 731 (1966).' " Coral v. State, 551 S”

   2 later decisions quote this exact passage
   e.g. Tomlin v. State · 865 So. 2d 457 - Robinson v. State

3. “"Tomlin contends that the prosecutor presented insufficient evidence to support a guilty verdict. The state's case-in-chief, as it was presented at Tomlin's two previous trials, has been reviewed on appeal several times by this court and the Alabama Supreme Court. See 540 So.2d 668 (Ala.1988), 591 So.2d 550 (Ala.Cr.App.1991), and 443 So.2d 47 (Ala.Cr.App.1979), aff'd, 443 So.2d 59 (Ala.1983). In each of those prior appeals, Tomlin did not question the sufficiency of the evidence. However, those opinions reviewed Tomlin's case under the doctrine of plain error and did not suggest that the prosecution's case was lacking in any way. Notably, in Tomlin, 443 So.2d 47 (Ala.Cr.App.1979), this court reviewed Tomlin's first trial and expressly held that the evidence in that case was sufficient to support Tomlin's conviction. In this trial, the evidence presented was materially indistinguishable from the evidence at the first trial. "In this third trial, the state's case-in-chief deviated from that of the previous trials in only a few respects. "1. In this trial, the testimony did not establish that all of the shots that killed Moore and Brune were fired from the back seat of the automobile; "2. In this trial, the testimony did not establish the brand of .38 caliber gun that inflicted the wounds; "3. In this trial, the testimony did not establish that Daniels was in fact a `hit man'; however, the testimony did establish that Tomlin represented that he was one.[ [11] ] "These minor vari”

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