Stephens v. State’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Evidence tending to establish motive is always admissible. Perkins v. State, 808 So.2d 1041, 1084 (Ala.Crim.App.1999), aff'd, 808 So.2d 1143 (Ala.2001), vacated on other ground, 536 U.S. 953 , 122 S.Ct. 2653 , 153 L.Ed.2d 830 (2002). See also 1 Charles W. Gamble, McElroy’s Alabama Evidence § 70.01(12)(e) (5th ed.1996). In discussing motive, the Alabama Supreme Court has stated: “ ‘ “Motive is an inducement, or that which leads or tempts the mind to do or commit the crime charged.” Spicer v. State, 188 Ala. 9, 26 , 65 So. 972, 977 (1914). Motive is “that state of mind which works to ‘supply the reason that nudges the will and prods the mind to indulge the criminal intent.’ ” C. Gamble, Character Evidence, [A Comprehensive Approach (1987)] at 42. “Furthermore, testimony offered for the purpose of showing motive is always admissible. It is permissible in every criminal case to show that there was an influence, an inducement, operating on the accused, which may have led or tempted him to commit the offense.” (Emphasis in original, citations omitted.) Bowden v. State, 538 So.2d 1226, 1235 (Ala.1988).’ “Ex parte Register, 680 So.2d 225, 227 (Ala.1994). ‘If the prior bad act falls within [the motive] exception, and is relevant and reasonably necessary to the State’s case, and the evidence that the accused committed that act is clear and conclusive, it is admissible.’ Boyd v. State, 715 So.2d 825, 838 (Ala.Crim.App.1997), aff'd, 715 So.2d 852 (Ala.), cert. denied, 525 U.S. 968 , 119”

   2 later decisions quote this exact passage
   e.g. Garzarek v. State · 217 So. 3d 27 - Horton v. State

2. ““It has long been the rule in Alabama that former acts of cruelty, hostility, or violence by the accused toward the victim are admissible in order to establish a motive to commit the charged homicide. See, e.g., Bennefield v. State, 281 Ala. 283 , 202 So.2d 55 (1967) (evidence of husband’s prior assaults on wife admissible to establish motive in prosecution for murder because acts ‘tended to show ill feeling between the parties’); Patterson v. State, 243 Ala. 21 , 8 So.2d 268 (1942) (proof that husband had previously been convicted of assaulting his wife admissible to establish motive in prosecution for murder); Doane v. State, 351 So.2d 648, 653 (Ala.Crim.App.1977) (testimony concerning premarital fight between defendant and victim admissible to establish motive and malice in prosecution for manslaughter). Indeed, Professor Gamble has noted: “‘One of the most common cases where motive is shown is that where the wife allegedly is murdered by the husband. In these cases a whole host of circumstances, existing between the two parties, are admitted for the purpose of showing that one spouse had a motive for killing the other. “ ‘Former acts of hostility or cruelty by the accused upon the victim are very commonly the basis for the prosecution’s proof that the accused had a motive to commit the charged homicide.’ “1 C. Gamble, McElroy’s Alabama Evidence § 45.01(8). “Here, evidence was admitted concerning a history of marital difficulties between Stephens and Annie. As a result, An”

   1 later decision quote this exact passage
   e.g. 67 So. 3d 936 - Dotch v. State

3. “intentionally caused the death of two or more persons by one act”

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