908 So. 2d 273 - Smith v. State’s Empirical Analysis

Citation profile

1 federal appellate · 12 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. ““ ‘ “ ‘A trial court has broad discretion in formulating its jury instructions, providing those instructions accurately reflect the law and the facts of the case. Raper v. State, 584 So.2d 544 (Ala.Cr.App.1991). We do not review a jury instruction in isolation, but must consider the instruction as a whole, Stewart v. State, 601 So.2d 491 (Ala.Cr.App.1992), aff'd in relevant part, 659 So.2d 122 (Ala.1993), and we must evaluate instructions like a reasonable juror may have interpreted them. Francis v. Franklin, 471 U.S. 307 , 105 S.Ct. 1965 , 85 L.Ed.2d 344 (1985); Stewart v. State.’ ” “ ‘Griffin v. State, 790 So.2d 267, 332 (Ala.Crim.App.1999), quoting Ingram v. State, 779 So.2d 1225, 1258 (Ala.Crim.App.1999). “This court has consistently held that a trial court’s oral charge to the jury must be viewed in its entirety and not in ‘bits and pieces.’ Parks v. State, 565 So.2d 1265 (Ala.Cr.App.1990); Williams v. State, 538 So.2d 1250 (Ala.Cr.App.1988); Lambeth v. State, 380 So.2d 923 (Ala.), on remand, 380 So.2d 925 (Ala.Cr.App.1979), writ denied, 380 So.2d 926 (Ala.1980).” Smith v. State, 585 So.2d 223, 225 (Ala.Crim.App.1991).’”

   2 later decisions quote this exact passage
   e.g. Wesley Little v. State of Alabama. · Jackson v. State

2. ““ ‘there is no constitutional right to plea bargain; the prosecutor need not do so if he prefers to go to trial. It is a novel argument that constitutional rights are infringed by trying the defendant rather than accepting his plea of guilty.’ See also Ex parte Pfalzgraf, 741 So.2d 1118 (Ala.Crim.App.1999), and Murray v. State, 494 So.2d 891 (Ala.Crim.App.1986).””

   2 later decisions quote this exact passage
   e.g. Miller v. State · 233 So. 3d 374 - Largin v. State

3. “'[a]n examination of Alabama's murder and manslaughter statutes indicates to this Court that the Legislature did not intend for felonious assaults that result in the victim's death to serve as the underlying felony in a felony-murder charge.'”

   2 later decisions quote this exact passage
   e.g. Contreras v. State (In re Contreras) · Contreras v. State