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← 346 So. 2d 493 - Tyner v. State

346 So. 2d 493 - Tyner v. State’s Empirical Analysis

1977

Citation profile

3
cited by 3 later decisions
1
states following
October 1979
most recently cited

3 state decisions

Relationships

Relies on Harris v. State · 187 So. 2d 798 - Hebert v. Blankenship · Kingsbury's case · Ross v. Crofutt · 44 Ala. App. 303 - Aldio 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “1. A certified copy of the judgment of conviction of petitioner, and another, of murder with malice (1) and a sentence of 99 years in the Texas State Penitentiary. 2. A duly certified mandate from the Court of Criminal Appeals of the State of Texas affirming appellant’s conviction on June 15, 1962. 3. A Certificate of Parole from the Texas Board of Pardons and Paroles issued to appellant under date of July 3, 1972. 4. A copy of the Parole Agreement signed by appellant on July 6, 1972, in which he agreed to all the terms and conditions of a parole from the Texas State Penitentiary. 5. A Waiver of Extradition signed by appellant in which he agreed that if he violated any of the terms and conditions of his parole he would voluntarily return to the Texas State Penitentiary and that he would not in any manner contest any effort by the State of Texas to return him to that State to serve the remainder of his sentence. 6. A State Warrant issued by the Texas Department of Corrections for the arrest of appellant for violating the terms of his parole which parole was revoked on February 10, 1975, and stating that appellant’s unexpired sentence is 77 years, 11 months and 24 days. 7. Application for requisition to the Governor of Texas, signed by the Assistant Warden of the Texas Department of Corrections, stating that appellant was a parole violator and was in custody of the Sheriff of Morgan County, Alabama, and had refused to waive extradition, which application was properly certified ”
    1 later decision quote this exact passage
  2. “"We think, then, the rule in Alabama should be consonant with the weight of authority to the effect that if the rendition warrant is defective but is accompanied by allied papers, either on the return to the writ of habeas corpus or introduced on the trial, which when taken together with the warrant, show that the executive of the asylum state did in fact have before him the necessary jurisdictional matters, viz., the documents required for the issuance of the warrant, then the prisoner is not illegally restrained. 89 A.L.R. 595 . This annotation reveals that many jurisdictions have adopted an even more liberal rule than is here urged."”
    1 later decision quote this exact passage
  3. “"Appellant contends that the requisition warrant and the allied papers were in some manner changed or altered and that the requisition warrant and the supporting papers were not re-dated and re-notarized and they were, therefore, illegal. It would have been more proper if the requisition warrant and the supporting papers had been re-dated and re-notarized but we hold that the failure to do so does not render them illegal."”
    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.