Brown v. State’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The Court of Criminal Appeals stated that Pierce had failed to prove that his evidence regarding the sheriff's improper contact with the jury constituted newly discovered evidence; therefore, it held, the trial court correctly held this claim to be procedurally barred on the basis that it could have been raised at trial or on direct appeal. The Court of Criminal Appeals held that Pierce did not satisfy the following three of the five elements required by Rule 32.1(e), Ala.R.Crim.P.: 1) that the information was not known and could not have been discovered at the time of trial or sentencing or in time to raise it in a posttrial motion; 2) that if the information `had been known at the time of trial or of sentencing, the result probably would have been different'; and 3) that `[t]he facts establish that the [defendant] is innocent of the crime' or that he `should not have received the sentence [he] received.' "However, Pierce was not required to prove that this information meets the elements of `newly discovered material facts' under Rule 32.1(e). While the information about Sheriff Whittle's contacts with the jury may be `newly discovered,' Pierce does not seek relief under Rule 32.1(e). Pierce does not contend that `[n]ewly discovered material facts exist which require that the conviction or sentence be vacated by the court.' Rule 32.1(e). Instead, Pierce's claim fits under Rule 32.1(a): `The constitution of the United States or of the State of Alabama requires a new trial. .”

   6 later decisions quote this exact passage
   e.g. Perkins v. State · Ex Parte Pierce

2. “the Freeman court did not address the other prerequisites for newly discovered evidence contained in Rule 32.1(e).”

   2 later decisions quote this exact passage
   e.g. Ex Parte Burgess · 21 So. 3d 746 - Ex Parte Burgess

3. “Before a claim of juror misconduct may be addressed on the merits in a postconviction petition the petitioner must meet the requirements for newly discovered evidence contained in Rule 32.1(e), Ala. R.Crim. P. To the extent that this holding conflicts with Freeman , that case is hereby overruled.”

   1 later decision quote this exact passage
   e.g. Ex Parte Burgess