Ex Parte Verzone’s Empirical Analysis

Citation profile

1 federal appellate · 5 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) [u]ses force against the person of the owner or any person present with intent to overcome his physical resistance or physical power of resistance; or (2) [threatens the imminent use of force against the person of the owner or any person present with intent to compel acquiescence to the taking of or escaping with the property.”

   2 later decisions quote this exact passage
   e.g. United States v. Walton · Evans v. State

2. ““Section 15-8-90, Ala.Code 1975, provides: ‘An indictment may be amended, with the consent of the defendant entered of record, when the name of the defendant is incorrectly stated or when any person, property or matter therein stated is incorrectly described.’ Section 15 — 8—91 [, Ala.Code 1975,] continues: ‘If the defendant will not consent to such amendment of an indictment, the prosecution may be dismissed at any time before the jury retires as to the count in the indictment to which the variance applies, and the court may order anoth er indictment to be preferred at a subsequent time.... ’ These statutes suggest that where there is a material variance, such as incorrectly describing a person (such as the victim) in the indictment, an amendment of the indictment is appropriate for a valid prosecution. “In this case, the State made no attempt to amend or dismiss the indictment charging the armed robbery of Melanie Frazier and to reindict Verzone under a new indictment properly charging him with the armed robbery of Ju-liann Bradford. The State’s failure to do so resulted in a fatal variance between Verzone’s indictment and the proof presented at trial, and Verzone’s conviction under the original indictment is therefore void. “We are persuaded that indicting Ver-zone for the armed robbery of Frazier, when the evidence at trial indicated that Bradford was the robbery victim, ‘expose[d] him to the danger of a second trial on the same charge’ for the robbery of Juliann Bradford”

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