799 So. 2d 944 - Ex Parte Maye’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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"`"A writ of prohibition is an extraordinary writ which is to be employed with extreme caution and used only in cases of extreme necessity. Ex parte State Dep't of Mental Health Mental Retardation , 536 So.2d 78 (Ala.Civ.App. 1988); see also Ex parte Perry County Board of Education , 278 Ala. 646 , 180 So.2d 246 (1965). Prohibition is not a favored writ and will not issue unless there is no other adequate remedy. Ex parte Strickland , 401 So.2d 33 (Ala. 1981); Barber Pure Milk Co. of Montgomery, Inc. v. Alabama State Milk Control Board , 274 Ala. 563 , 150 So.2d 693 (1963); Ex parte Burch , 236 Ala. 662 , 184 So. 694 (1938). The petition for the writ `properly tests jurisdiction, and lies *Page 34 when a court acts in excess of its jurisdiction.' Ex parte City of Tuskegee , 447 So.2d 713 , 716 (Ala. 1984). The writ is preventive rather than corrective and is utilized to prevent the usurpation of excessive jurisdiction by a judicial tribunal. Ball v. Jones , 272 Ala. 305 , 132 So.2d 120 (1961); see also Mental Health, supra. Issuance of a writ of prohibition lies within the discretion of the court, and the writ is granted or withheld according to the nature and circumstances of the case, not as a matter of right. Barber, supra; Dear v. Peek , 261 Ala. 137 , 73 So.2d 358 (1954). `Prohibition is the proper remedy to intercept and put an end to usurpation of jurisdiction.' Ex parte State ex rel. Bragg , 240 Ala. 80 , 85 , 197 So. 32 , 36 (1940)."' " Ex parte Moody , 681 So.2d 276”

   4 later decisions quote this exact passage
   e.g. Ex Parte State · 939 So. 2d 68 - State v. Howard

2. ““Section 12-17-1 et seq., [Ala.Code 1975,] including in particular § 12-17-270 (which authorizes the appointment by the court of an official court reporter) apply in circuit court and district court only.... [A] defendant who demands a court reporter is entitled to one in the circuit court or the district court, § 12-17-270, Marquis v. State, 439 So.2d 197 (Ala.Crim.App.1983), and Ex parte White, 403 So.2d 292 (Ala.1981)....””

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

3. “"'"Mandamus is a drastic and extraordinary writ to be issued only where there is (1) a clear legal right in the petitioner to the order sought; (2) an imperative duty upon the respondent to perform, accompanied by a refusal to do so; (3) the lack of another adequate remedy; and (4) properly invoked jurisdiction of the Court."`"”

   1 later decision quote this exact passage
   e.g. 948 So. 2d 533 - Ex Parte Addiction & Mental Health Services