Willingham v. State’s Empirical Analysis

Citation profile

19 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"`A court of general jurisdiction proceeding within the scope of its powers will be presumed to have jurisdiction to give the judgments and decrees it renders until the contrary appears. So, a court of general jurisdiction is presumed to have acted within its powers, and the burden is on the accused affirmatively to show that it had no jurisdiction, unless facts showing want of jurisdiction affirmatively appear on the record .' "22 C.J.S. Criminal Law § 174 (1989). `[A] court conducting a criminal proceeding is presumed to have jurisdiction, whether or not there are recitals in its record to show it.' 22A C.J.S. Criminal Law § 702 (1989)."”

   2 later decisions quote this exact passage
   e.g. Howard v. State · 837 So. 2d 876 - Fincher v. State

2. “"`"[A]n ineffective-assistance-of-counsel claim must be presented in a new trial motion filed before the 30-day jurisdictional time limit set by Rule 24.1(b), Ala. R.Crim. P., expires, in order for that claim to be properly preserved for review upon direct appeal."' [ Montgomery v. State , 781 So.2d 1007 ,] at 1010 [(Ala.Crim.App. 2000)](quoting Ex parte Ingram , 675 So.2d 863 , 865 (Ala. 1996))."”

   1 later decision quote this exact passage
   e.g. 911 So. 2d 1105 - Altherr v. State

3. “Such claims cannot be presented on direct appeal where they were not first presented to the trial court.”

   1 later decision quote this exact passage
   e.g. 911 So. 2d 1105 - Altherr v. State