941 So. 2d 327 - State v. Stallworth’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. ““Though Alabama has had little opportunity to define what constitutes ‘good cause,’ in Ex parte Mack, 894 So.2d 764, 768 (Ala.Crim.App.2003), we quoted with approval an Illinois case the Alabama Supreme Court relied on in Land —People v. Johnson, 205 Ill.2d 381 , 275 Ill.Dec. 820 , 793 N.E.2d 591 (2002): “ ‘ “A trial court has inherent discretionary authority to order discovery in post-conviction proceedings. See People ex rel. Daley v. Fitzgerald, 123 Ill.2d 175, 183 , 121 Ill.Dec. 937 , 526 N.E.2d 131 (1988); People v. Rose, 48 Ill.2d 300, 302 , 268 N.E.2d 700 (1971). A court must exercise this authority with caution, however, because a defendant may attempt to divert attention away from constitutional issues which escaped earlier review by requesting discovery .... Accordingly, the trial court should allow discovery only if the defendant has shown ‘good cause,’ considering the issues presented in the petition, the scope of the requested discovery, the length of time between the conviction and the post-conviction proceeding, the burden of discovery on the State and on any witnesses, and the availability of the evidence through other sources. Daley, 123 Ill.2d at 183-84 , 121 Ill.Dec. 937 , 526 N.E.2d 131 ; see People v. Fair, 193 Ill.2d 256, 264-65 , 250 Ill.Dec. 284 , 738 N.E.2d 500 (2000). We will reverse a trial court’s denial of a post-conviction discovery request only for an abuse of discretion. Fair, 193 Ill.2d at 265 , 250 Ill. Dec. 284 , 738 N.E.2d 500 . A trial cou”

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

2. “The Alabama Supreme Court in Land noted that the main emphasis in determining whether good cause is shown is a determination of the merits and the procedural posture of the underlying claims for which the discovery is sought to substantiate. The Alabama Supreme Court in Land stated:”

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