953 So. 2d 1275 - Shouldis v. State’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[I]n order for this court to review an alleged erroneous admission of evidence, a timely objection must be made to the introduction of the evidence, specific grounds for the objection should be stated, and a ruling on the objection must be made by the trial court. See Ingram v. State, 729 So.2d 883 (Ala.Crim.App.1996). ‘When a timely objection at the time of the admission of the evidence is not made, the issue is not preserved for this Court’s review.’ Ziglar v. State, 629 So.2d 43, 47 (Ala.Crim.App.1993).””

   2 later decisions quote this exact passage · from the dissent
   e.g. Woods v. State · Cochran v. State

2. ““ ‘ “In determining the sufficiency of the evidence to sustain a conviction, a reviewing court must accept as true all evidence introduced by the State, accord the State all legitimate inferences therefrom, and consider all evidence in a light most favorable to the prosecution.” ’ Ballenger v. State, 720 So.2d 1033, 1034 (Ala.Crim.App.1998), quoting Faircloth v. State, 471 So.2d 485, 488 (Ala.Crim.App.1984), affd, 471 So.2d 493 (Ala.1985). ‘ “The test used in determining the sufficiency of evidence to sustain a conviction is whether, viewing the evidence in the light most favorable to the prosecution, a rational finder of fact could have found the defendant guilty beyond a reasonable doubt.” ’ Nunn v. State, 697 So.2d 497, 498 (Ala.Crim.App.1997), quoting O’Neal v. State, 602 So.2d 462, 464 (Ala.Crim.App.1992). ‘ “When there is legal evidence from which the jury could, by fair inference, find the defendant guilty, the trial court should submit [the case] to the jury, and, in such a case, this court will not disturb the trial court’s decision.”’ Farrior v. State, 728 So.2d 691, 696 (Ala.Crim.App.1998), quoting Ward v. State, 557 So.2d 848, 850 (Ala.Crim.App.1990). ‘The role of appellate courts is not to say what the facts are. Our role ... is to judge whether the evidence is legally sufficient to allow submission of an issue for decision [by] the jury.’ Ex parte Bankston, 358 So.2d 1040,1042 (Ala.1978). “ ‘The trial court’s denial of a motion for judgment of acquittal must be ”

   1 later decision quote this exact passage · from the dissent
   e.g. Surratt v. State

3. ““Here, the evidence clearly indicated that the victim and her sister stayed at Shouldis’s house every other weekend and on assorted holidays from 1997— when the victim’s father died — until the abuse was discovered near the end of 2001. The testimony further indicated that the victim spent nearly every weekend in November and December at Shouldis’s house in 2001. Clearly the evidence in this case indicated that Shouldis had ‘virtually unchecked access to the child’ in the manner contemplated by [R.L.G. v. State, 712 So.2d 348, 355 (Ala.Crim.App.1997), aff'd, 718 So.2d 117 (Ala.1998), and R.A.S. v. State, 718 So.2d 108 (Ala.Crim.App.1997), aff'd, 718 So.2d 117 (Ala.1998).]””

   1 later decision quote this exact passage · from the dissent
   e.g. 38 So. 3d 753 - SHOULDIS v. State