740 So. 2d 465 - McDowell 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. “` Phelps v. State , 435 So.2d 158 , 163 (Ala.Crim.App. 1983).'”

   2 later decisions quote this exact passage
   e.g. Warren v. State · 819 So. 2d 643 - Rogers v. State

2. ““[The] appellant’s version of the facts [supported his] theory that [he] was provoked by [his wife’s] attack upon [him]. If believed, the appellant’s version of the facts might have provided a ‘rational basis’ for a conviction of manslaughter pursuant to § 13A-6-3(a)(2), Code of Alabama 1975.... However incredible the appellant’s version of the facts might have been, in light of the state’s convincing evidence to the contrary, there was evidence of sufficient provocation to reduce the offense from murder to manslaughter .... The weight and credibility of appellant’s evidence was a matter exclusively within the province of the jury and a proper manslaughter charge was warranted.””

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

3. ““ ‘ “An individual accused of the greater offense has a right to have the court charge on the lesser offenses included in the indictment, when there is a reasonable theory from the evidence supporting his position. [Citation omitted.] A court may properly refuse to charge on lesser included offenses only (1) when it is clear to the judicial mind that there is no evidence tending to bring the offense within the definition of the lesser offense, or (2) when the requested charge would have a tendency to mislead or confuse the jury. [Citation omitted.]” ’ ””

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