Ex Parte Dorsey’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"At the conclusion of the guilt phase of Dorsey's trial, the trial court instructed the jury on the capital offenses charged in the indictment, as well as certain lesser non-capital offenses included within the capital offenses: "`With respect to Count One, the trial court instructed the jury on the capital offense of intentional murder during the course of a robbery. The court also instructed the jury on the lesser-included, non-capital offenses of intentional murder, felony murder, and robbery in the first degree. Each of the murder charges was potentially applicable to each murder victim: Cary, Williams, and/or Crane. "`As for Count Two, the trial court instructed the jury on the intentional murder of two or more persons by one act or pursuant to one scheme or course of conduct — a capital offense. The court also instructed the jury on two lesser-included, non-capital offenses: (1) the intentional murder of Cary, Williams, and/or Crane; and (2) the felony murder of Cary, Williams, and/or Crane. "`Finally, as to Count Three, the court instructed the jury on the intentional murder of a victim less than fourteen years of age (Timothy Crane)"again, a capital offense. The court instructed the jury that it could — also find Dorsey guilty of the lesser-included, non-capital offense of felony murder of Timothy Crane.[ 2 ] "State's brief, at 13-14 (citations to reporter's transcript omitted). "Unlike capital murder and intentional murder, as defined in § 13A-6-2 (a)(1), the crime o”

   1 later decision quote this exact passage
   e.g. 999 So. 2d 992 - Ex Parte State

2. “"After the jury returned its initial verdicts, the trial court did not accept any of the verdicts. Instead, the trial court reinstructed the jury. With respect to the killing of Crane, the trial court charged the jury on both intentional murder and felony murder. After it deliberated a second time, the jury returned a verdict convicting Dorsey of felony murder as to Crane. That conviction of the lesser-included offense acquitted Dorsey of the greater offense of capital murder. `The conviction for a lesser included offense is an implied acquittal as to the greater offense. Jeffers v. United States , 432 U.S. 137 , 97 S.Ct. 2207 , 53 L.Ed.2d 168 (1977).' Ex parte Ziglar , 675 So.2d 543 , 545 (Ala.Crim.App. 1996). Indeed, any retrial of Dorsey on a capital-murder charge was, upon his conviction of felony murder, barred under the principles of double jeopardy. See Ex parte Whirley , 530 So.2d 865 , 867 (Ala. 1988). Thus, the trial court was under a duty to accept Dorsey's conviction of the felony murder of Crane and to acquit him of the capital-murder charges. "The State argues that `it was reasonable for the trial court to surmise that the jury had not intended[, by its felony-murder conviction,] to rescind its verdict of capital murder under Count Three.' *Page 990 State's brief, at 86. Thus, the State argues, `[t]he [trial] court was . . . justified in instructing the jury a third time in order to clarify the jury's intent.' State's brief, at 86. However, the State cites no au”

   1 later decision quote this exact passage
   e.g. 999 So. 2d 982 - Heard v. State

3. “`As for Count Two, the trial court instructed the jury on the intentional murder of two or more persons by one act or pursuant to one scheme or course of conduct — a capital offense. The court also instructed the jury on two lesser-included, non-capital offenses: (1) the intentional murder of Cary, Williams, and/or Crane; and (2) the felony murder of Cary, Williams, and/or Crane.”

   1 later decision quote this exact passage
   e.g. 999 So. 2d 992 - Ex Parte State