Ex Parte Foshee’s Empirical Analysis
1945
Citation profile
72 state decisions
How this case has been cited
Cited by 72 later decisions — most recently July 2011 · most notably Young v. State (1969), Broadway v. State (1952)
72 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Sibbach v. Wilson & Co. · Wayman v. Southard · State v. Roy · Hackett v. Cash · Halle v. Brooks
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 72 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"It has been the recognized doctrine in this State that a legislative enactment takes precedence over a rule of the Court. Nichols v. Dill, 222 Ala. 455 , 132 So. 900 [(1931)]; Williams v. Knight, 233 Ala. [42], 169 So. 871 [(1936)]; Porter v. State, 234 Ala. 11 , 174 So. 311 [(1937)]; 21 Corpus Juris Secundum, Courts, § 176, p. 276 et seq.; 14 Amer. Jur. 347 ; 21 Corpus Juris Secundum, Courts, § 179, subsec. b, p. 288. "But there have been efforts to hamper the orderly functioning of this Court, which have been repudiated. Hackett v. Cash, 196 Ala. 403 , 72 So. 52 [(1916)]; Halle v. Brooks, 209 Ala. 486 , 96 So. 341 [(1923)]; Thornhill v. Gulf Coast Produce Exch., 219 Ala. 251 , 121 So. 912 [(1929)]; Buttrey v. Buttrey, 218 Ala. 268 , 118 So. 282 [(1928)]. "To make a rule for an inferior court this Court must have authority conferred either by the Constitution or by statute. 21 Corpus Juris Secundum, Courts, § 170, p. 264; State v. Roy, 40 N.M. 397 , 60 P.2d 646 , 110 A.L.R. 1 [(1936)]. "Our Constitution, section 140, gives this Court superintendence and control of inferior jurisdictions, and that includes by implication the power to make rules, and it is therefore sometimes said to be an inherent power. 21 Corpus Juris Secundum, Courts, § 170, p. 264; State v. Roy, 40 N.M. 397 , 60 P.2d 646 , 110 A.L.R. 1 [(1936)]. "But the Constitution confers on the legislature plenary power to legislate except as restricted by the Constitution, State or federal. Section 44, Const.; Sisk ”
2 later decisions quote this exact passage“`All persons convicted of a criminal offense as set out in Section 36-18-24 shall, when requested by the director, submit to the taking of a DNA sample or samples as may be specified by the director, provided, however, the director shall promulgate such rules and regulations as may be necessary for the purposes of ensuring that DNA samples are collected in a medically approved manner.' "(Emphasis added [in Hammonds ].) "The issues raised by Hammonds concerning the effect state administrative protocols have on an inmate's constitutional rights and whether Hammonds had a constitutional right to refuse to submit to having his blood drawn for the purposes of adding to the CODIS database, are all matters of first impression in the State of Alabama. "In denying Hammonds's motion to suppress, the trial court wrote: "`[Hammonds] does not challenge the constitutionality of this statute. It is axiomatic that "... the Constitution confers on the legislature plenary power to legislate except as restricted by the Constitution, State or federal.”
2 later decisions quote this exact passage“[i]t has been the recognized doctrine in this State that a legislative enactment takes precedence over a rule of the Court.”
2 later decisions 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.