Smith v. State’s Empirical Analysis

Citation profile

11 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. ““Although § 15-21-4, Ala.Code 1975, provides that a petition for a writ of habeas corpus ‘must be verified by the oath of the applicant to the effect that the statements therein contained are true to the best of his knowledge, information and belief,’ this mandatory verification requirement has not been interpreted to be a jurisdictional prerequisite. Instead, it is well established in Alabama that the failure to verify a habeas corpus petition constitutes a pleading defect that warrants dismissal of the petition for failure to state a proper claim for relief. See the cases collected at 29 Ala. Digest 2d Habeas Corpus § 673 (2002). This Court has held that niceties of pleading are not favored in statutory habeas proceedings; however, under our case-law, the failure to verify a habeas corpus petition is not considered a mere nicety of pleading that should be disregarded. Instead, a habeas corpus petition that is not properly verified is subject to be dismissed, without prejudice to refile, and that dismissal is subject to affirmance on appeal. In short, an unverified petition for a writ of ha-beas corpus, although considered to be insufficiently pleaded, is not treated as jurisdictionally defective.””

   1 later decision quote this exact passage
   e.g. 64 So. 3d 1045 - Collier v. State

2. ““A proceeding under [Rule 32, Ala. R.Crim. P.,] is commenced by filing a petition, verified by the petitioner or the petitioner’s attorney, with the clerk of the court. A petition may be filed at any time after entry of judgment and sentence (subject to the provisions of Rule 32.2(c)). The petition should be filed by using or following the form accompanying this rule. If that form is not used or followed, the court shall return the petition to the petitioner to be amended to comply with the form.... ””

   1 later decision quote this exact passage
   e.g. 84 So. 3d 48 - Collins v. Alabama Department of Corrections

3. ““Subject matter jurisdiction is conferred by statute and/or rule and may not be waived. See Hamilton v. State, 828 So.2d 957, 959-60 (Ala.Crim.App. 2002) (noting that ‘ “[t]he lack of subject matter jurisdiction is not waivable and may be raised at any time by the suggestion of a party or by a court ex mero motu.” Greco v. Thyssen Mining Constr., Inc., 500 So.2d 1143, 1146 (Ala. Civ.App.1986).’).””

   1 later decision quote this exact passage
   e.g. Ex Parte Miller