756 So. 2d 957 - Ex Parte Smith’s Empirical Analysis

Citation profile

1 federal appellate · 35 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The version of Rule 19.3 in effect at the time of Stewart's third sentencing hearing became effective on January 1, 1991. The amended version of § 12-16-9 became effective on June 15, 1995. The irreconcilable language of that later provision compels us to conclude, as the Court of Criminal Appeals did, that the Legislature intended to change the effect of Rule 19.3 insofar as it conflicted with § 12-16-9. When the Legislature, through a general act, changes the procedural rules promulgated by this Court, we are bound by the Constitution and the laws of this state to give effect to the Legislature's changes. Therefore, we conclude that the Court of Criminal Appeals correctly held that § 12-16-9 overrode the conflicting portions of Rule 19.3."”

   1 later decision quote this exact passage · from the majority
   e.g. 955 So. 2d 1037 - Adams v. State

2. “"`A defendant is entitled to a charge on a lesser-included offense if there is any reasonable theory from the evidence that would support [his theory of the case].' Ex parte Oliver , 518 So.2d 705 , 706 (Ala. 1987); § 13A-1-9 (b), Ala. Code 1975. To state that rule differently, a charge on a lesser-included offense is not required if there is no `reasonable theory from the evidence that would support' giving that instruction."”

   1 later decision quote this exact passage · from the majority
   e.g. Cockrell v. State