Allen v. State’s Empirical Analysis
1985
Citation profile
30 state decisions
How this case has been cited
Cited by 30 later decisions — most recently March 2013 · most notably 529 So. 2d 1074 - Ross v. State (1988), Mahan v. State (1987)
30 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 Arizona v. Washington · 367 So. 2d 982 - Woods v. State · 393 So. 2d 1030 - Ex Parte Allred · 340 So. 2d 885 - Sharpe v. State · 364 So. 2d 374 - Merriweather 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"In the context of the offense for which the appellant was indicted, rape in the first degree requires proof that the victim is less than 12 years old while rape in the second degree requires proof that the victim is less than 16, but more than 12 years old. Therefore, rape in the second degree is not a lesser included offense of rape in the first degree, since the proof necessary to establish the offense of rape in the first degree (the greater offense) does not of necessity establish every element of the offense of rape in the second degree (the lesser offense). See Commentary to § 13A-1-9 , Code of Alabama 1975. It must be impossible to commit the greater offense without first committing the lesser offense if the lesser offense is to be an included offense of the greater. Sharpe v. State , 340 So.2d 885 (Ala.Cr.App.), cert. denied, 340 So.2d 889 (Ala. 1976). "The age factor necessarily distinguishes these two offenses and makes them separate and distinct crimes. The offenses of first and second degree rape each require proof of a certain age of the victim that the other does not require. Because of this difference, you cannot commit second degree rape while committing first degree rape."”
6 later decisions quote this exact passagee.g. R.J.K. v. State · R.W.L. v. State“`The question of the competency of a particular witness to testify as an expert is addressed primarily to the trial court. In the absence of abuse of discretion vested in the trial court, we cannot supplant its judgment by our own, even if it were otherwise.' Merriweather v. State, 364 So.2d 374, 375-76 (Ala.Cr.App.), cert. denied, 364 So.2d 377 (Ala.1978) (citations omitted).”
2 later decisions quote this exact passage“(1) Being 16 years old or older, he engages in sexual intercourse with a female less than 16 and more than 12 years old; provided, however, the actor is at least two years older than the female.”
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.