455 So. 2d 999 - Perry v. State’s Empirical Analysis
1984
Citation profile
2 federal appellate · 31 state decisions
How this case has been cited
Cited by 33 later decisions — most recently August 2009 · most notably 515 So. 2d 55 - Kinder v. State (1986), 628 So. 2d 1012 - Breckenridge v. State (1993)
2 federal appellate · 31 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 Hopper v. Evans · Sea-Land Service, Inc. v. Federal Maritime Commission · 361 So. 2d 1106 - Chavers v. State · 435 So. 2d 158 - Smith v. State · 401 So. 2d 204 - Ferguson 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 33 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). . . . 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 the definition of the lesser offenses.' Phelps v. State , supra; Wesley v. State , supra; Chavers v. State , 361 So.2d 1106 (Ala. 1978)."”
4 later decisions quote this exact passage“Assessing the credibility of evidence presented at a new trial hearing falls to the trial judge because he is in the best position to evaluate the new evidence in light of all that has gone before.”
3 later decisions quote this exact passage“"On a motion for new trial based upon newly discovered evidence, the following requirements must be met before a new trial will be granted: (1) the evidence will probably change the result if a new trial is granted; (2) the evidence has been discovered since the trial; (3) the evidence could not have been discovered before trial by the exercise of due diligence; (4) the evidence is material; and (5) the evidence is not merely cumulative or impeaching."”
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.