435 So. 2d 1338 - Dobard v. State’s Empirical Analysis
1982
Citation profile
36 state decisions
How this case has been cited
Cited by 37 later decisions — most recently September 2014 · most notably Ex Parte Kennedy (1985), Collins v. Al Lockhart (1985)
36 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 Gregg v. Georgia · Witherspoon v. Illinois · Lockett v. Ohio · Swain v. State of Alabama · Parker v. Randolph
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Appellant contends that the first aggravating circumstance essentially duplicates the offense charged in the indictment and, therefore, may not be considered an aggravating circumstance in this case, citing Keller v. State , 380 So.2d 926 (Ala.Cr.App. 1979), cert. denied , 380 So.2d 938 (Ala. 1980). The rule in Keller , to the effect that the aggravating circumstance charged in the indictment cannot be used as both the criminal charge and the circumstance aggravating that charge, has been tacitly overruled in Kyzer v. State , 399 So.2d 330 (Ala. 1981), and Beck , supra."”
2 later decisions quote this exact passage“but whether it might have unduly affected any juror to act outside the evidence in arriving at a verdict.”
2 later decisions quote this exact passage“"FINDINGS OF FACT BY THE COURT FROM THE PUNISHMENT PHASE AND SENTENCE HEARING CONDUCTED BY THE COURT "In accordance with the mandate of § 13A-5-47, Code of Alabama 1975 (as amended), the Court conducted a formal sentence hearing in this case on August 2, 1984. At said hearing, the Defendant appeared in person with his attorneys, Honorable H. Merrill Vardaman, Honorable John Thomason and Honorable Joseph Maloney and the State was represented by the Honorable Joseph D. Hubbard, Assistant District Attorney. A pre-sentence report was presented to the Court and Ordered to be made a part of the record. Neither the State nor the Defendant nor the Defendant's attorneys took exception to, offered anything in addition to or offered anything in regard to the pre-sentence report which had been prepared by the Probation and Parole Office and presented to the Court as ordered in this case. In accordance with the mandate of § 13A-5-47, the Court hereby makes the following findings in regard to the aggravating circumstances set out by § 13A-5-49, Code of Alabama. The Court finds: "(1) That the capital offense or offenses of which the Defendant has been found guilty were committed while the Defendant was engaged in the commission of, or attempt to commit, or flight after committing, or attempting to commit, Burglary in the First Degree and Burglary in the Second Degree. "(2) That the capital offense or offenses committed were especially heinous, atrocious or cruel when compared with other cap”
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.