844 So. 2d 571 - Ex Parte Hall’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is well established that a person accused of a capital offense must overcome the presumption of his guilt by proof, in order to be entitled to bail. By denying, without a hearing, Hall’s motion to be released on bail, the trial court denied him the opportunity to offer the proof necessary to overcome that presumption.””

   2 later decisions quote this exact passage
   e.g. State v. Bartlett · 846 So. 2d 401 - State v. Hails

2. ““ ‘In Burks v. State, 600 So.2d 374 (Ala.Cr.App.), on return to remand, 600 So.2d 387 (Ala.Cr.App.1991), this court addressed the issue whether a person accused of a capital offense is entitled to bail when he alleges that the proof was not evident. This court in Burks stated: ‘““The appellant argues that he was entitled to reasonable bond because the proof was not evident nor the presumption great that he was guilty of the capital offense. See Ex parte Bynum, 294 Ala. 78, 82 , 312 So.2d 52, 55 (1975). However, ‘ “[w]here one is imprisoned [for a capital offense] by virtue of an indictment he is presumed to be guilty in the highest degree, and to be entitled to bail as of right, must overcome this presumption by proof.” ’ Livingston v. State, 40 Ala.App. 376, 377 , 116 So.2d 396, 397 (1959).””

   1 later decision quote this exact passage
   e.g. 41 So. 3d 75 - Ex Parte Wilding

3. ““That all persons shall, before conviction, be bailable, by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great; and that excessive bail shall not in any case be required.””

   1 later decision quote this exact passage
   e.g. 846 So. 2d 401 - State v. Hails