701 So. 2d 58 - MD v. State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The transfer of a juvenile to circuit court for • prosecution on a criminal charge is governed by Ala.Code 1975, § 12-15-34. Subsection (c) of that statute provides: “ When there are grounds to believe that the child is committable to an institution or agency for the mentally retarded or mentally ill, the court shall proceed as provided in Section 12-15-70.’ “Section 12-15-70 provides, in relevant part, that a juvenile court may order a child to be examined by a mental health professional, who will then report the child’s condition to the court. That section further provides that if the report leads the court ‘to believe that a minor or child is mentally ill or mentally retarded, as defined in this chapter, the court shall proceed in the manner set out in Section 12-15-90.’ (Emphasis added.) “Section 12-15-90 authorizes the involuntary commitment of minors and provides a procedure for that commitment. Section 12 — 15—90(j) provides that a court may order the commitment of a minor to the Department due to his mental retardation if there is substantial evidence 1.) that the child is mentally retarded; 2.) that the child is not of borderline intelligence or mildly retarded; and 3.) that, if the child is allowed to remain in the community, he is likely to cause serious injury to himself or to others or that adequate care, rehabilitation, and ■ training opportunities are available only at one of the Department’s facilities. While certain of the procedures are mandatory, the commi”

   2 later decisions quote this exact passage
   e.g. 791 So. 2d 979 - Jackson v. State · 740 So. 2d 469 - K.E.H. v. State

2. “a trial judge, who has the opportunity to observe and to listen to an appellant, is better situated than is this court to determine the appellant's competency to stand trial.”

   1 later decision quote this exact passage
   e.g. 766 So. 2d 860 - Thomas v. State

3. “A transfer hearing is not a hearing to adjudicate the guilt or innocence of the child.”

   1 later decision quote this exact passage
   e.g. 716 So. 2d 258 - TTJ v. State