985 So. 2d 384 - Ex Parte State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"By statute, the State of Alabama `make[s] a person's criminal records available for inspection to him or his attorney.' § 41-9-643 , Ala. Code 1975. If a person believes that the information contained in his or her criminal record is `inaccurate or incomplete,' that person has the right to request that the agency having custody or control of the record `purge, modify or supplement' the record to make it accurate or complete. § 41-9-645 , Ala. Code 1975. If the person is not satisfied with the agency's decision on the request, he or she may appeal that decision to the circuit court `in the same manner as appeals are entered from the court of probate,' with exceptions not relevant here. § 41-9-645 , Ala. Code 1975. The circuit court is then to `conduct a de novo hearing and may order such relief as it finds to be required by law.' § 41-9-645 , Ala. Code 1975. If the circuit court finds the criminal record to be `inaccurate, incomplete or misleading, the court shall order it to be appropriately purged, modified or supplemented by an explanatory notation.' § 41-9-646 , Ala. Code 1975. "The State argues that the circuit court here exceeded its discretion in ordering the record of [the petitioner's] conviction expunged because, it argues, the record itself was not inaccurate, incomplete, or misleading. At the hearing, the circuit court suggested that the record of conviction appeared misleading because it suggested that [the petitioner] had been involved in criminal conduct. Howev”

   1 later decision quote this exact passage
   e.g. 993 So. 2d 491 - Jackson v. State

2. ““Although he now argues that he was not guilty of that crime, Blane does not argue that his conviction violated any of the constitutional protections afforded an accused. Instead, he contends that he followed what may have been unwise legal advice and that he did not understand the full ramifications of pleading guilty to a misdemeanor offense. These facts do not render the record of conviction inaccurate, incomplete, or misleading.””

   1 later decision quote this exact passage
   e.g. 18 So. 3d 930 - City of Dothan v. McCardle

3. ““ ‘Mandamus is a drastic and extraordinary writ, to be issued only where there is (1) a clear legal right in the petitioner to the order sought; (2) an imperative duty upon the respondent to perform, accompanied by a refusal to do so; (3) the lack of another adequate remedy; and (4) properly invoked jurisdiction of the court.’ ””

   1 later decision quote this exact passage
   e.g. 18 So. 3d 930 - City of Dothan v. McCardle