904 So. 2d 331 - Pace v. State’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. “'Moreover, " ' "To justify a challenge for cause, there must be a proper statutory ground or ' "some matter which imports absolute bias or favor, and leaves nothing to the discretion of the trial court.”

   3 later decisions quote this exact passage
   e.g. Johnson v. State · Russell v. State

2. “' "[T]he Alabama Supreme Court has held that the failure to remove a juror for cause is harmless when that juror is removed by the use of a peremptory strike. Bethea v. Springhill Mem'l Hosp. , 833 So.2d 1 (Ala. 2002).”

   2 later decisions quote this exact passage
   e.g. Johnson v. State · Russell v. State

3. “" 'To justify a challenge for cause, there must be a proper statutory ground or " 'some matter which imports absolute bias or favor, and leaves nothing to the discretion of the trial court.' " Clark v. State , 621 So.2d 309 , 321 (Ala.Cr.App.1992) (quoting Nettles v. State , 435 So.2d 146 , 149 (Ala.Cr.App.1983) ). This Court has held that "once a juror indicates initially that he or she is biased or prejudiced or has deep-seated impressions" about a case, the juror should be removed for cause. Knop v. McCain , 561 So.2d 229 , 234 (Ala.1989). The test to be applied in determining whether a juror should be removed for cause is whether the juror can eliminate the influence of his previous feelings and render a verdict according to the evidence and the law. Ex parte Taylor , 666 So.2d 73 , 82 (Ala.1995). A juror "need not be excused merely because [the juror] knows something of the case to be tried or because [the juror] has formed some opinions regarding it." Kinder v. State , 515 So.2d 55 , 61 (Ala.Cr.App.1986). Even in cases where a potential juror has expressed some preconceived opinion as to the guilt of the accused, the juror is sufficiently impartial if he or she can set aside that opinion and render a verdict based upon the evidence in the case. Kinder , at 60-61 . In order to justify disqualification, a juror " 'must have more than a bias, or fixed opinion, as to the guilt or innocence of the accused' "; " '[s]uch opinion must be so fixed ... that it would bias the verd”

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