929 So. 2d 486 - Moss v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[I]n determining whether one offense is included in another, the trend of recent Alabama decisions is to focus on the statutory elements of the offenses and the factual allegations actually included in the indictment, rather than on the evidence or factual basis the State presents at trial or during the guilty-plea colloquy.”

   2 later decisions quote this exact passage
   e.g. 977 So. 2d 531 - Underwood v. State · 949 So. 2d 976 - Crayton v. State

2. “(3) It is specifically designated by statute as a lesser degree of the offense charged; or”

   2 later decisions quote this exact passage
   e.g. Nash v. State · 949 So. 2d 976 - Crayton v. State

3. ““The Grand Jury of Montgomery County charge that, before the finding of this indictment, David Michael Nash, whose name is otherwise unknown to the Grand Jury, and/or. an accomplice did intentionally cause the death of Ralph Henry McNeill, by having him killed for a pecuniary or other valuable consideration or pursuant to a contract or for hire, in violation of section 13A-5-40(A)(7) of the Code of Alabama, against the peace and dignity of the State of Alabama.””

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