366 So. 2d 336 - Summers v. State’s Empirical Analysis
1978
Citation profile
1 federal appellate · 94 state decisions
How this case has been cited
Cited by 97 later decisions — most recently December 2017 · most notably 512 So. 2d 1370 - Ex Parte Lawley (1987), Heath v. Jones (1991)
1 federal appellate · 94 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 Wingo v. Wedding · Public Broadcasting Service v. Network Project · Peter J. Migliorini v. New York · Kahm v. United States · Johnson v. Williams
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 97 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The writ is appropriate only when the petitioner's claim is based on facts which were not known and could not have been discovered with the exercise of reasonable diligence at the time of trial. Senn v. State, 43 Ala.App. 323 , 189 So.2d 870 (1966); Thornburg v. State, 42 Ala.App. 70 , 152 So.2d 442 (1963). `Facts known to the accused debar him from seeking coram nobis.' Arledge v. State, 57 Ala.App. 553, 555 , 329 So.2d 613, 615 , cert. denied, 295 Ala. 390 , 329 So.2d 616 (1976). If the petitioner could reasonably have discovered the information in time to prevent the original conviction the remedy of coram nobis is not available. Echols v. State, 276 Ala. 489 , 164 So.2d 486 (1964); Isom v. State, 44 Ala.App. 6 , 200 So.2d 506 (1966), reversed on other grounds, 281 Ala. 189 , 200 So.2d 511 (1967). The writ will not lie where a remedy against the error complained of, though available, was deliberately or negligently not used at the trial that resulted in the judgment of conviction. In such cases the petitioner is generally held to have waived his right to contest the judgment. Johnson v. Williams, 244 Ala. at 395, 13 So.2d 683 ; Redus v. Williams, 244 Ala. at 459, 13 So.2d 561 ; Ex parte Taylor, 249 Ala. 667, 670 , 32 So.2d 659 (1947)."”
7 later decisions quote this exact passage“and always means more than reasonably satisfying.”
7 later decisions quote this exact passage“' "In a coram nobis proceeding the petitioner bears the burden of submitting clear, full and satisfactory proof of matters which, had they been timely submitted at trial, would have prevented a judgment of conviction. . . . This burden extends beyond a mere balancing of probabilities to clearly and convincingly satisfy the court. . . . " ' "The degree of proof is 'highly exacting as to facts "and always means more than reasonably satisfying.”
3 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.