Ex Parte Wood’s Empirical Analysis

Citation profile

1 federal appellate · 20 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. “"While most pattern jury instructions may be properly used in the majority of criminal and civil cases, there may be some instances when using those pattern charges would be misleading or erroneous. In those situations, trial courts should deviate from the pattern instructions and give a jury charge that correctly reflects the law to be applied to the circumstances of the case."”

   3 later decisions quote this exact passage · from the majority
   e.g. Cackowski v. Wal-Mart Stores, Inc. · 949 So. 2d 117 - Prowell v. Children's Hosp. of Alabama

2. ““The laws of this state provide that mitigating evidence should include, but not be limited to, the following enumerated mitigating circumstances; one, that the defendant has no significant history of prior criminal activity. Two, the capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law was substantially impaired. Three, the age of the defendant at the time of the crime. “Mitigating circumstances shall also include any aspect of the defendant’s character or record or any of the circumstances of the offense that the defendant offers as a basis for a sentence of life imprisonment without parole instead of death. And any other relevant mitigating circumstance that the defendant offers as a basis for a sentence of life imprisonment without parole instead of death, such as, he was diagnosed with posttraumatic stress disorder; he was raised in a dysfunctional family; he was raised with no or few positive role models; he grew up around criminals and violence; he was diagnosed with a developmental disorder; and/or he had a problem with substance abuse.””

   1 later decision quote this exact passage
   e.g. 155 So. 3d 1048 - Hosch v. State

3. “"[D]espite the fact that one segment of the circuit court's jury instructions contained some ambiguity, the law does not necessarily require a reversal of Wood's sentence. In reviewing jury instructions to determine if they correctly set forth the applicable law, a reviewing court must consider the entire charge. Volkswagen of America, Inc. v. Marinelli, 628 So.2d 378, 384-85 (Ala.1993)."”

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