804 So. 2d 247 - Hardy v. State’s Empirical Analysis

Citation profile

2 federal appellate · 22 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"As a general rule, the government need not disclose evidence available to the defense from other sources or evidence that the prosecution could not reasonably be imputed to have knowledge of or control over. Mills v. Singletary, 63 F.3d 999 (11th Cir.1995), cert. denied, 517 U.S. 1214 , 116 S.Ct. 1837 , 134 L.Ed.2d 940 (1996); United States v. Moore, 25 F.3d 563 (7th Cir.), cert. denied, 513 U.S. 939 , 115 S.Ct. 341 , 130 L.Ed.2d 297 (1994). "We have held in Alabama in a number of cases that a defendant is not entitled to the general disclosure of the criminal records of the state's witnesses. See, e.g., Davis v. State, 554 So.2d 1094 (Ala.Crim.App.1984), aff'd, 554 So.2d 1111 (Ala.1989), cert. denied, 498 U.S. 1127 , 111 S.Ct. 1091 , 112 L.Ed.2d 1196 (1991); Wright v. State, 424 So.2d 684 (Ala.Crim.App.1982) (no absolute right of disclosure of criminal records of state's witnesses); Mardis v. State, 423 So.2d 331 (Ala.Crim.App.1982); Mack v. State, 375 So.2d 476 (Ala.Crim.App.1978), aff'd, 375 So.2d 504 (Ala.1979), vacated on other grounds, 448 U.S. 903 , 100 S.Ct. 3044 , 65 L.Ed.2d 1134 (Ala.1980). We have also held that the trial court's refusal to order the prosecution, pursuant to a defendant's discovery motion, to provide the criminal record of each expected witness for the state was not a violation of Brady [ v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963),] and its progeny. Davis v. State, 554 So.2d at 1100."”

   8 later decisions quote this exact passage · from the concurrence
   e.g. State v. Mack · 894 So. 2d 764 - Ex Parte MacK

2. “"In the early morning hours of September 7, 1993, Clarence Nugene Terry, the clerk at a Bud's Convenience Store located in Decatur, was murdered and robbed. A surveillance camera captured the entire robbery-murder on videotape, and the videotape was recovered at the scene. The videotape showed that [two men] entered the store and that [one of them] was armed with a gun. Immediately upon entering the store, [the gunman] began shooting at Terry. As [the gunman] fired the initial shot, [his unarmed companion] walked past [the gunman] toward the cash registers. The first shot missed Terry, and he ran behind the counter, trying to hide. [The unarmed companion], by this time also behind the counter, tried to open the cash registers as Terry lay on the floor near [the unarmed companion's] feet. As [the unarmed companion] attempted to open the cash registers, [the gunman], who was still in front of the counter, leaned over the counter and shot Terry in the chest. Terry tried to protect and hide himself after this shot. [The gunman] walked around the counter, and while standing over Terry, fired five shots into Terry's face and head. Forensic evidence showed that Terry was still conscious when [the gunman] began shooting him in the head. Terry suffered gunshot wounds to the left cheek, left upper cheek, center of his forehead, left ear, left eye socket, right side of his chest, and the palm of his right hand. Any of the wounds to the head or the one to the chest would have proved fata”

   2 later decisions quote this exact passage
   e.g. Hardy v. Commissioner, Alabama Department of Corrections · Ex Parte Hardy

3. “`(b) Burden of Proof. The burden is upon the defendant to show to the reasonable satisfaction of the court that a fair and impartial trial and an unbiased verdict cannot be reasonably expected in the county in which the defendant is to be tried.'”

   2 later decisions quote this exact passage · from the concurrence
   e.g. Baker v. State · 868 So. 2d 1128 - Stallworth v. State