Hardy v. State’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"First, if it has before it `facts supporting the position of each party [that] are fully set out in ... supporting affidavits.' Johnson v. State, 564 So.2d 1019, 1021 (Ala.Crim.App.1989)(relying on Temp. Rule 20.9(a), Ala.R.Crim.P., now Rule 32.9(a), which states, in part, that `[t]he court in its discretion may take evidence by affidavits, written interrogatories, or depositions, in lieu of an evidentiary hearing'). Second, if the events that serve as the basis of the allegation were observed by the same judge who rules on the Rule 32 petition. Ex parte Hill, 591 So.2d 462, 463 (Ala.1991)(wherein the court held that `a judge who presided over the trial or other proceedings and observed the conduct of the attorneys at the trial or other proceedings need not hold a hearing on the effectiveness of those attorneys based upon the conduct that he observed'). See also Benefield v. State, 583 So.2d 1370, 1370 (Ala.Crim.App.1991)(wherein the court noted that meritorious allegations `warrant either an evidentiary hearing or an adequate explanation for their denial'). However, in any case, the circuit court should make `specific findings of fact relating to the issues raised by the appellant.' Johnson, 564 So.2d at 1021 . In the event that the circuit court has personal knowledge of the actual facts underlying [the petitioner's] allegation, it may deny the allegations without further proceedings so long as it states the specific reasons for the denial in a written order. See Sheats v.”

   1 later decision quote this exact passage
   e.g. 796 So. 2d 1151 - Anderson v. State