926 So. 2d 375 - Poole v. State’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ A pleading or other paper may be said to have been duly filed when it is delivered to the proper filing officer.’ Covington Bros. Motor Co. v. Robinson, 239 Ala. 226, 229 , 194 So. 663, 666 (1940). See also United States v. Lombardo, 241 U.S. 73 , 36 S.Ct. 508 , 60 L.Ed. 897 (1916). “‘As pointed out by the authorities, the word “file” is derived from the Latin word “filum,” a thread, and its application is drawn from the ancient practice of placing papers on a thread or wire for ready reference. In Words and Phrases, Second Series, vol. 2, page 531, is the following definition: “There can be no ‘filing’ of a paper in a legal sense except by its delivery to an official whose duty it is to file papers and who is required to keep and maintain an office or other public place for their deposit, and the paper must either be delivered personally to such officer with the intent that the same shall be filed by him, or delivered at the place where the same should be filed.” ’ “Ex parte State ex rel. Breitling, 221 Ala. 398, 399 , 128 So. 788, 788 (1930). “ ‘The object of “filing” is to deposit the document in a public place so that it may be seen and examined by any person interested. A document may be said to be “filed” with an officer when it is placed in his official custody and deposited in the place where his official records and papers are usually kept. A document is “filed” when delivered in a public office to the custodian of the records thereof.’ “State v. Brazzel, 229 La. 1”

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

2. “"Here, the notice of appeal was not filed with the proper official within 42 days of the date of sentencing. When [Keith Eugene] Poole deposited the notice with the circuit court without filing the notice with the circuit clerk he assumed the risk that the notice would not be timely forwarded to the circuit clerk. See In re State ex rel. Attorney General , [ 185 Ala. 347 , 64 So. 310 (1914)]. "Rule 4(b)(1), Ala. R.App.P., authorizes two different types of notices of appeal from a criminal conviction. An oral notice of appeal may be made at the time of sentencing, or a written notice of appeal may be filed with the circuit clerk within 42 days of the date of sentencing. This Rule is unambiguous, mandatory, and is not subject to interpretation. Poole failed to comply with Rule 4(b)(1), Ala. R.App.P.; therefore, the notice of appeal filed with the circuit court but not forwarded to the circuit clerk until August 3, 2005, more than 42 days after the date of sentencing, was untimely. The Court of Criminal Appeals has no authority to suspend the time for filing a notice of appeal. See Rule 2(b), Ala. R.App.P."”

   1 later decision quote this exact passage
   e.g. 988 So. 2d 604 - Poole v. State

3. ““The filing of papers with the court as required by these rules shall be made by filing them with the clerk of the court, except that the judge may permit the papers to be filed with the judge, in which event the judge shall note thereon the filing date and forthwith transmit them to the office of the clerk.””

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