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← 192 SO3D 417 - W.B.S. v. State

W.B.S. v. State’s Empirical Analysis

2015

Citation profile

2
cited by 2 later decisions
1
states following
September 2017
most recently cited

2 state decisions

Relationships

Relies on D.B. v. State · 652 So. 2d 340 - Dubose v. State · D.G. v. State · Russo v. Alabama Department of Corrections

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

  1. “"Upon receipt of the case, the Etowah Circuit Court determined that the threshold question was: 'Do the provisions of Rule 32, [Ala. R. Crim. P.], apply in juvenile cases?' (C. 3.) The circuit court instructed the parties to file legal memorandums addressing this question. W.B.S.... also filed what he styled as a 'Motion for Relief From Judgment Under Rule 60(b), [Ala. R. Civ. P.].' In that motion, W.B.S. argued that, if Rule 32, Ala. R. Crim. P., does not apply to juvenile proceedings, he should be able to obtain relief under Rule 60(b), Ala. R. Civ. P. The circuit court ... concluded that neither Rule 32, nor Rule 60(b) was applicable to juvenile-delinquency proceedings."”
    1 later decision quote this exact passage · from the dissent
  2. “"The language used in Rule 32.1 is plain and expressly extends 'postconviction' relief to only a ' defendant who has been convicted of a criminal offense .' (Emphasis added.) To conclude that Rule 32 applies to juvenile adjudications, this Court must hold that the phrase 'defendant who has been convicted of a criminal offense,' includes both juveniles -who are certainly not classified as 'defendants'-and delinquency adjudications -which are not criminal convictions, see § 12-15-220(a), Ala. Code 1975. ".... "Thus, the plain language of Rule 32.1, Ala. R.Crim. P., does not include juveniles who have been adjudicated delinquent."”
    1 later decision quote this exact passage · from the dissent
  3. “"Because juvenile-delinquency proceedings are 'quasi-criminal in nature,' the Alabama Rules of Civil Procedure are not applicable to those proceedings, see Rule 1(a), Ala. R. Juv. P., and Rule 60(b) cannot be the mechanism by which W.B.S.-or any other juvenile who has been adjudicated delinquent-can challenge trial counsel's effectiveness."”
    1 later decision quote this exact passage · from the dissent

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.