Smith v. State’s Empirical Analysis

Citation profile

33 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The right of a trial judge to interrogate a witness is specifically provided for in Rule 614(b), Ala.R.Evid.; and Rule 19.2, Ala.R.Crim.P. Rule 19.2(b), states, in part: "`(2) Interrogation by Court . The court may interrogate witnesses, whether called by the court or by a party. "`(3) Objections . Objections to the calling of witnesses by the court or to interrogation by the court may be made at the time the witness is called or interrogation begins; provided, however, that the court shall give counsel an opportunity to make such objections outside the presence of the jury.' "Rule 614(b) and Rule 19.2 are identical, although there is a slight difference in the wording. "This Court recently addressed the propriety of a trial court's interrogation of a witness in Ward v. State , 814 So.2d 899 , 917-18 (Ala.Crim.App. 2000). We stated in Ward : "`In Coleman v. State , 516 So.2d 871 (Ala.Cr.App. 1987), the appellant argued that the trial court had improperly questioned witnesses, thus *Page 804 preventing her from receiving a fair trial. In rejecting that contention, this Court replied: "`"`A trial judge may "pose questions to a witness for the purpose of clarifying the issues for the jury's consideration and to aid in the orderly conduct of the trial process." Richardson v. State , 403 So.2d 297 (Ala. 1981). "The trial judge has the right to propound such questions to witnesses as may be necessary to elicit certain facts, . . .; and it not only is the court's prerogative to so ”

   2 later decisions quote this exact passage · from the concurrence
   e.g. 813 So. 2d 799 - Vrocher v. State · 146 So. 3d 437 - Donald Dwayne Whatley v. State of Alabama.

2. “"The State's evidence tended to show the following. On February 24, 1995, Tallapoosa police discovered the charred body of Kimberly Brooks rolled in a carpet; the carpet was lying beside a dirt road in Bibb Town. The coroner testified that Brooks had been shot in the head and the stomach and that there was soot in her lungs and trachea; he testified that she died of the `shots to the head [and] the chest and possible asphyxiation and burning.' "Smith handwrote the following confession for the police: "`Kim came to the house around 7:30 a.m. Wednesday morning with Labreasha Main. We was talking about getting married later on. My brother Reginald came and Main left. After awhile, Reginald left. "`When my mamma got off work, me and Kim got into an argument about another girl calling me. We went outside. I pulled my gun on her. Sanjay [Brooks] and Shontai [Smith] pulled up. I forced her into the van. I told Sanjay to go to Bibb Town, which he did. And, when we got there, Kim and I got out, continuing arguing. "`I told her I love her, and if I couldn't have her, no one could. She told me she loved me but things weren't the same. I kissed her on the forehead and pushed her off me and shot her in the chest. And then she fell to the ground, and I shot her again toward her head. "`Shontai got out and helped me drag her into the bushes. We left. Sanjay dropped us off into the soft sands. When he returned, we got James Shealey['s] car and got some gas and went back where I left her. Whe”

   2 later decisions quote this exact passage
   e.g. Smith v. State · 122 So. 3d 224 - Corey Schirod Smith v. State of Alabama.

3. “'particulars as to manner, means, place or circumstances [of the offense] need not in general be added to the statutory definition.' " ' Smith v. State , 797 So.2d 503 , 514 (Ala. Crim. App. 2000) (quoting People v. Soto , 74 Cal. App. 3d 267 , 272-73, 141 Cal.Rptr. 343 , 346 (1977), quoting in turn People v. Britton , 6 Cal.2d 1 , 5, 56 P.2d 494 , 496 (1936) ).”

   2 later decisions quote this exact passage
   e.g. E.L.Y. v. State · E.L.Y. v. State