442 So. 2d 143 - Daly v. State’s Empirical Analysis
1983
Citation profile
13
cited by 13 later decisions
1
states following
April 1997
most recently cited
13 state decisions
Relationships
Relies on Carpenter v. United States · 368 So. 2d 871 - Cumbo v. State · Shadle v. State · 363 So. 2d 1020 - Thomas v. State · Day 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"A charge on a lesser included offense should not be given when there is no reasonable theory from the evidence to support such a proposition. When the evidence clearly shows the appellant is either guilty of the offense charged, or innocent, the charge on a lesser included offense is not necessary or proper. Daly v. State , 442 So.2d 143 (Ala.Crim.App. 1983); Phelps v. State , 435 So.2d 158 (Ala.Crim.App. 1983); Gwin v. State , 425 So.2d 500 (Ala.Crim.App. 1982), writ quashed, 425 So.2d 510 (Ala. 1983); Hopper v. Evans , 456 U.S. 605 [ 102 S.Ct. 2049 , 72 L.Ed.2d 367 ] . . . (1982); Cooper v. State , 364 So.2d 382 (Ala.Crim.App.), cert. denied, 364 So.2d 388 (Ala. 1978). 'A defendant is likewise not entitled to charges on lesser included offenses when he denied committing the crime itself.' Daly v. State , supra; Wesley v. State , 424 So.2d 648 (Ala.Crim.App. 1982); Williams v. State , 377 So.2d 634 (Ala.Crim.App.), cert. denied, 377 So.2d 639 (Ala. 1979); Parker v. State , 337 So.2d 1378 (Ala.Crim.App. 1976). Further, a court may properly refuse to charge on lesser included offenses when it is 'clear to the judicial mind that there is no evidence tending to bring the offense within *Page 417 the definition of the lesser offense.' Phelps v. State , supra; Wesley v. State , supra; Chavers v. State , 361 So.2d 1106 (Ala. 1978)."”
2 later decisions quote this exact passage“A defendant is likewise not entitled to charges on lesser included offenses when he denied committing the crime itself.”
1 later decision quote this exact passage“, in violation of § 13A-6-2 , Code of Alabama 1975. The jury found the appellant”
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.