877 So. 2d 639 - Baker v. State’s Empirical Analysis

Citation profile

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. “"If an individual believes such information to be inaccurate or incomplete, he may request the original agency having custody or control of the detail records to purge, modify or supplement them and to so notify the ACJIC [Alabama Criminal Justice Information Center] of such changes. "Should the agency decline to so act or should the individual believe the agency's decision to be otherwise unsatisfactory, the individual or his attorney may within 30 days of such decision enter an appeal to the circuit court of the county of his residence or to the circuit court in the county where such agency exists, with notice to the agency, pursuant to acquiring an order by such court that the subject information be expunged, modified or supplemented by the agency of record. The court in each such case shall conduct a de novo hearing and may order such relief as it finds to be required by law. Such appeals shall be entered in the same manner as appeals are entered from the court of probate; except, that the appellant shall not be required to post bond nor pay the costs in advance. If the aggrieved person desires, the appeal may be heard by the judge at the first term or in chambers. A notice sent by registered or certified mail shall be sufficient service on the agency of disputed record that such appeal has been entered."”

   3 later decisions quote this exact passage · from the majority
   e.g. McMillian v. State · 967 So. 2d 732 - Ex Parte Teasley

2. “"The Alabama Criminal Justice Information Center (ACJIC) is an administrative *Page 734 agency subject to the provisions of the Alabama Administrative Procedure Act, § 41-22-1 et seq., Ala. Code 1975. See Jefferson County v. Alabama Criminal Justice Information Ctr. Comm'n , 620 So.2d 651 (Ala. 1993). It appears to me that the expungement proceeding here, although tangentially touching on criminal matters, is in the nature of a civil proceeding authorized by § 41-9-590 et seq., Ala. Code 1975. Pursuant to § 41-9-594 , the ACJIC Commission has established an internal administrative appeal procedure as a prerequisite for seeking appellate review in the circuit court. See Ala. Admin. Code (Ala. Criminal Justice Info. Ctr. Comm'n), Reg. 265-x-2-.03. "Section 41-9-645 , which, I note, was enacted before the Commission's creation of the internal administrative appeal procedure, states that an appeal from an agency's adverse ruling on a petition for expungement can be taken to the circuit court and that `such appeals shall be entered in the same manner as appeals are entered from the court of probate.' Although it is not entirely clear to me what the Legislature meant by the above-quoted language, I can find no provision in § 41-9-645 , or in any other related section, that provides for an appeal of the circuit court's judgment. Therefore, based on the plain language of § 41-9-645 , I respectfully disagree with the majority's conclusion that § 41-9-645 incorporates the provision in ”

   1 later decision quote this exact passage · from the concurrence
   e.g. 967 So. 2d 732 - Ex Parte Teasley