Weaver v. State’s Empirical Analysis

Citation profile

9 state decisions

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

1. ““Any convict who escapes or attempts to escape from the penitentiary or from any person or guard having him in charge under authority of law, either within or outside the walls of the penitentiary, before the expiration of the term for which he was sentenced, shall on conviction, be imprisoned for an additional term of not less than one year.””

   4 later decisions quote this exact passage
   e.g. Jacques v. State · Behel v. State

2. ““We hold that on the instant record Weaver’s plea of guilty was coerced. “Aside from whatever intendment is to be accorded to the reference to the least punishment as being ‘thirteen months,’ certainly the italicized language shows a prejudgment prima facie working as a penalty for pleading not guilty. “In 1926 at the apogee of the Nine Old Men, the Supreme Court of the United States, per Mr. Justice Butler, said in Kercheval v. United States, 274 U.S. 220, 223 , 47 S.Ct. 582, 583 , 71 L.Ed. 1009 : “ ‘ * * * A plea of guilty differs in purpose and effect from a mere admission or an extra-judicial confession; it is itself a conviction. Like a verdict of a jury it is conclusive. More is not required; the court has nothing to do but give judgment and sentence. Out of just consideration for persons accused of crime, courts are careful that a plea of guilty shall not be accepted unless made voluntarily after proper advice and with full understanding of the consequences. When one so pleads he may be held bound. United States v. Bayaud, 2 Cir., 23 F. 721 . But, on timely application, the court will vacate a plea of guilty shown to have been unfairly obtained or given through ignorance, fear or inadvertence. Such an application does not involve any question of guilt or innocence. * * *’ “In Howard, 280 Ala. 430 , 194 So.2d 834 , we find: “ ‘An accused’s plea of guilty may be accepted only if it is made voluntarily and knowingly. If it appears that a guilty plea is the product of coer”

   1 later decision quote this exact passage
   e.g. 44 Ala. App. 307 - Kelly v. State