982 So. 2d 565 - Brown v. State’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘ “A connection with or a founded suspicion of criminal activity can constitute a sufficiently race-neutral reason for the.exercise of a preemptory strike. Stephens v. State, 580 So.2d 11 (Ala.Crim.App.1990), aff'd, 580 So.2d 26 (Ala.1991); Powell v. State, 548. So.2d 590 (Ala.Crim.App.1988), aff'd on other grounds, 548 So.2d 605 (Ala.1989); Lynn v. State, 548 So.2d 704 (Ala.Cr.App.1987), aff'd, 543 So.2d 709 (Ala.1988), cert. denied, 493 U.S. 945 , 110 S.Ct. 351 , 107 L.Ed.2d 338 (1989). This connection with or suspicion of criminal activity includes the juror in question, as well as close relatives and friends of the juror. Stephens; Allen v. State, 555 So.2d 1185 (Ala.Crim.App.1989); Lynn.” ’ “Baker v. State, 906 So.2d 210, 255 (Ala. Crim.App.2001), rev’d on other grounds, 906 So.2d 277 (Ala.2004), quoting Heard v. State, 584 So.2d 556, 560 (Ala.Crim. App.1991). -See also McGriff v. State, 908 So.2d 961 , 981 (Ala.Crim.App.2000), rev’d on other grounds, 908 So.2d 1024 (Ala.2004) (‘Peremptory strikes based on the criminal record of a prospective juror do not violate Batson. Darby v. State, 601 So.2d 117 (Ala.Crim.App. 1989).’).””

   2 later decisions quote this exact passage
   e.g. Sharp v. State · McMillan v. State

2. ““This Court has held that arrest and conviction records of potential jurors do not qualify as the type of discoverable evidence that falls within the scope of Brady [v. Maryland, 373 U.S. 83 (1963),] and that a trial court will not be held in error for denying an appellant’s motion to discover such documents. Slinker v. State, 344 So.2d 1264 (Ala.Cr.App.1977). Cf., Clifton v. State, 545 So.2d 173 (Ala.Cr.App.1988) (the nondisclosed evidence was not exculpatory, thus Brady was inapplicable). In other words, the appellant does not have an absolute right to the disclosure of the arrest and con viction records of prospective jurors. See Slinker, supra. Cf., Davis v. State, 554 So.2d 1094 (Ala.Cr.App.1984), aff'd, 554 So.2d 1111 (Ala.1989), rehearing overruled, 569 So.2d 738 (Ala.1990), cert. denied, 498 U.S. 1127 , 111 S.Ct. 1091 , 112 L.Ed.2d 1196 (1991) (defendant is not entitled to the general disclosure of the criminal records of the state’s witnesses); Wright v. State, 424 So.2d 684 (Ala.Cr.App.1982) (No absolute right to disclosure of criminal records of state’s witnesses). “Several jurisdictions have similarly held. See e.g., People v. Murtishaw, 29 Cal.3d 733 , 175 Cal.Rptr. 738 , 631 P.2d 446 (1981), cert. denied, 455 U.S. 922 , 102 S.Ct. 1280 , 71 L.Ed.2d 464 (1982) (trial judge has discretionary authority to permit defense access to jury records); Moon v. State, 258 Ga. 748 , 375 S.E.2d 442 (1988), cert. denied, 499 U.S. 982 , 111 S.Ct. 1638 , 113 L.Ed.2d 733 (1991) (t”

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

3. ““‘“‘“If the defendant spontaneously volunteers information, either before or after being given the Miranda warnings, those statements need not be suppressed.” United States v. Edwards, 885 F.2d 377, 387 (7th Cir.1989). See also Crawford v. State, 479 So.2d 1349, 1352 (Ala.Cr.App.1985) (“An unsolicited remark, not in response to any interrogation, does not fall within the Miranda rule.”); United States v. Lawrence, 952 F.2d 1034, 1036 (8th Cir.[1992]) (“The protections afforded a suspect under [Miranda ] apply only when the suspect is both in custody and being interrogated. A voluntary statement made by a suspect, not in response to interrogation, is not barred by the Fifth Amendment and is admissible with or without the giving of Miranda warnings,”), cert. denied, 503 U.S. 1011 , 112 S.Ct. 1777 , 118 L.Ed.2d 434 (1992). ““““Any statement given freely and voluntarily without any compelling influences is, of course, admissible in evidence. The fundamental import of the privilege while an individual is in custody is not whether he is allowed to talk to the police without the benefit of warnings and counsel, but whether he can be interrogated.... Volunteered statements of any kind are not barred by the Fifth Amendment and their admissibility is not affected by [the holding in Miranda ].” “ ‘ “ Miranda v. Arizona, 384 U.S. 436, 478 , 86 S.Ct. 1602, 1630 , 16 L.Ed.2d 694 (1966). See also Britton v. State, 631 So.2d 1073, 1078 (Ala.Cr.App.1993); Williams v. State, 601 So.2d 1062, 10”

   1 later decision quote this exact passage · from the majority
   e.g. Woolf v. State