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← 168 SO3D 156 - Diggs v. State

Diggs v. State’s Empirical Analysis

2014

Citation profile

3
cited by 3 later decisions
1
states following
December 2015
most recently cited

3 state decisions

Relationships

Relies on 361 So. 2d 1106 - Chavers v. State · Byrd v. State · Hornsby v. Rush · Burns v. State · State v. Blache

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

  1. ““because Diggs armed himself and sought to confront Blackwell, Diggs assumed the status of the initial aggressor and therefore cannot utilize the defense of self-defense. See § 13A-3-23(c)(2), Ala.Code 1975 (providing that a person is not justified in using physical force in his or her defense if he or she is the initial aggressor). Moreover, the State argues that because Diggs was a convicted felon, his arming himself with a pistol constituted unlawful activity; thus, according to the State, because Diggs was engaged in unlawful -activity when he went to The Cave, his presence at The Cave was unlawful and thus negates the defense of self-defense. See § 13A-3-23(b) (‘A person who is justified ... in using physical force, including deadly physical force, and who is not engaged in an unlawful activity and is in any place where he or she has the right to be has no duty to retreat and has the right to stand his or her ground.’).””
    1 later decision quote this exact passage
  2. ““ ‘ “[W]hen a felon is in imminent peril' of great bodily harm, or reasonably believes himself or others to be in such danger, he may take possession of a weapon for a period no longer than is necessary or apparently necessary to use it in self-defense, or in defense of others.' In such a situation justification is a defense to the charge of felon in possession of a firearm.” ’ ””
    1 later decision quote this exact passage
  3. ““ ‘The general rule is that “every accused is entitled to have, charges given, which would not be misleading, which correctly state the law of his case,, and which are supported by any evidence, however weak, insufficient, or doubtful in credibility.” Chavers v. State, 361 So.2d 1106, 1107 (Ala.1978).””
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.