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← 461 So. 2d 51 - Marsh v. State

461 So. 2d 51 - Marsh v. State’s Empirical Analysis

1984

Citation profile

5
cited by 5 later decisions
1
states following
July 1992
most recently cited

4 state decisions

Relationships

Relies on In the Matter of Samuel Winship · Hankerson v. North Carolina · 448 So. 2d 404 - Ex Parte Washington · 418 So. 2d 191 - Marsh v. State · 451 So. 2d 1382 - Ponder 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “"The Alabama Supreme Court clearly stated in its opinion in Washington , supra, that the reason it reversed Washington's conviction was that a 'defendant has a constitutional right to be informed of the charges against him.' Washington , supra at 408. "If a defendant is only charged with 'intentional murder' but the trial judge also charges the jury on 'reckless murder' there is a distinct possibility that the jury could find the defendant guilty of 'reckless murder' rather than 'intentional murder.' There is a serious risk that a defendant, in this situation, could be convicted of an offense for which he was not charged and [from] which he had no opportunity to defend himself. "It is clear to this court that the rule of law set out in Washington , supra, raises serious questions about the accuracy of guilty verdicts in past trials in which a 'reckless murder' instruction has been given even though the defendant was only charged with 'intentional murder.' "”
    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.