436 So. 2d 803 - State v. Green’s Empirical Analysis
1983
Citation profile
12 state decisions
How this case has been cited
Cited by 12 later decisions — most recently February 2015
12 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 55 Ala. App. 466 - Jones v. State · Southern Railway Co. v. McCants · Smith v. Pelham · 43 Ala. App. 509 - Holman v. State · Montgomery 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Historically, neither the courts nor the legislature had the authority to suspend sentences and grant probation. Montgomery v. State, 231 Ala. 1 , 163 So. 365 (1935). In this state, Amendment 38 of the Constitution of 1901 empowered the legislature to ‘authorize the courts having criminal jurisdiction to suspend sentence • and to order probation.’ Thus the power to exercise proba- • tionary authority requires -legislative sanction. That sanction presently is found in Code of 1975, § 15-22-50, , which, after granting the authority, states further: “ ‘[T]he court, after a plea of guilty, after the returning of a verdict of guilty by the jury or after the entry of a judgment of guilty by the court, may suspend execution of sentence and place the defendant on probation, or may impose a fine within the limits fixed by law and also place the defendant on probation.’. (Emphasis added-.)””
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.