Enfinger v. State’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘we note that, although the record indicates that [Mewborn] was convicted ... as the result of a “plea bargain” ..., the record is unclear as to whether [Mew-born’s] sentence was part of the plea bargain. Thus, “it is impossible for this Court to determine whether resentenc-ing [Mewborn] will affect the voluntariness of his plea.” Austin [v. State ], 864 So.2d [1115] at 1119 [(Ala.Crim.App.2003) ].’ ””

   2 later decisions quote this exact passage · from the dissent
   e.g. Mewborn v. State · 141 So. 3d 510 - Adams v. State

2. ““[HJolding that a circuit court can remedy the imposition of an improper split sentence by revoking a defendant’s probation could lead to an absurd result. For example, a defendant serving a sentence that is improper under the Split-Sentence Act could be charged with violating the terms and conditions of his probation and the circuit court could thereafter revoke that defendant’s probation. On appeal, the defendant could contend that the evidence was insufficient to support the revocation of his probation, and if, after a review of the record, this Court determined that the defendant is, in fact, correct, we would be forced to hold that, although the evidence was insufficient to support the revocation, the imposition of the remainder of his sentence is correct because the circuit court could not have imposed a split sentence. Such a result is unsound and untenable.””

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

3. ““[W]e have held that when the circuit court does not have the authority to split a sentence under the Split-Sentence Act, § 15-18-8, Ala.Code 1975, ‘the manner in which the [circuit] court split the sentence is illegal[,]’ Austin v. State, 864 So.2d 1115, 1118 (Ala.Crim.App.2003), and that ‘[m]atters concerning unauthorized sentences are jurisdictional.’ Hunt v. State, 659 So.2d 998, 999 (Ala.Crim.App.1994).””

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