794 So. 2d 1089 - Ex Parte Smith’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"A declaratory judgment action filed in the circuit court would not have been a valid vehicle to review the circuit court order inasmuch as the circuit court itself would have been the only correctly identifiable entity to name as the defendant: for the order signed by the trial judge was not the order of that judge but was, rather, the order of the circuit court itself. The State could not sue the circuit court in the circuit court. "Notwithstanding the holding of Ex parte Galanos, 796 So.2d 390 (Ala.2000), in which I could not participate, the Court of Criminal Appeals did have jurisdiction to entertain the petition for writ of mandamus. This jurisdiction was conferred by Amendment 328, § 6.03, Alabama Constitution of 1901, which provides, in pertinent part, that the Court of Criminal Appeals has original jurisdiction `in the issuance and determination of writs of ... mandamus in relation to matters in which said court has appellate jurisdiction.' This capital murder case was a `matter[ ] in which said court has appellate jurisdiction,' and the dispute over this circuit court production order at issue was `in relation to' that very matter."”

   3 later decisions quote this exact passage · from the concurrence
   e.g. Hutchinson v. State · 985 So. 2d 446 - Ex Parte State

2. “"The Court of Criminal Appeals has no jurisdiction to hear mandamus petitions related to matters not appealable to that court. Galanos. Thus, the State's petition to the Court of Criminal Appeals was defective because of the absence of a prerequisite for a writ of mandamus: `properly invoked jurisdiction.' Id. (and cases cited therein)."”

   3 later decisions quote this exact passage · from the majority
   e.g. State v. Blanton · 985 So. 2d 441 - State v. Isbell

3. “in relation to matters in which said court has appellate jurisdiction”

   1 later decision quote this exact passage · from the majority
   e.g. 879 So. 2d 1166 - Ex Parte McNabb