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← 278 Ark. 250 - Abernathy v. State

Abernathy v. State’s Empirical Analysis

1983

Citation profile

35
cited by 35 later decisions
2
states following
May 2025
most recently cited

28 state decisions

How this case has been cited

Cited by 35 later decisions — most recently May 2025 · most notably Pickens v. Al Lockhart (1983), Gillie v. State (1991)

28 state decisions

13019831990200020102020decided

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 Earl v. State · Perry v. State · Cromwell v. State · Ruiz v. State · Hobbs v. State

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

  1. “We have interpreted Ark. Stat. Ann. 43-1024 2 to relate to matters of notice and prejudice. See Harmon v. State, 277 Ark. 265 , 641 S.W.2d 21 (1982); Swaite v. State, 274 Ark. 154 , 623 S.W.2d 176 (1981). We recognize the importance of this statute in preventing eleventh-hour amendments and amendments made after trial has begun. The application of the statute was recently demonstrated in Harmon, supra. There, the defendant was charged with murder in the course of kidnapping, but the information was amended to charge in the alternative, murder in the course of robbery. We found error in the trial court’s allowing the amendment to be made the morning of the trial, after the jury had been sworn in. It is this sort of prosecutorial action that constitutes prejudice to a defendant that 43-1024 prohibits.”
    1 later decision quote this exact passage
  2. “But no indictment shall be amended, nor bill of particulars filed, so as to change the nature of the crime charged or the degree of the crime charged.”
    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.