Hilsabeck v. State’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The form of an act's title is within the province of the legislature, so long as the subject is clearly expressed and the constitution is not offended. . . . The books are replete with cases in which § 45 challenges to acts' titles have been made. In Watkins v. State , 409 So.2d 901 , 903 (Ala.Crim.App. 1981), this court stated that the constitution's clear expression of title requirement 'does not mean that the title is to be a complete index and detailed catalog of every clause, section or *Page 118 provision in the act relating to its subject.' "The standard to be applied in considering the constitutionality of an act under § 45 is whether the title 'is so misleading and uncertain that the average legislator or person reading the same would not be informed of the purpose of the enactment.' . . . Similarly, § 45 'is not to be exactingly enforced in such a manner as to cripple legislation or to be enforced with hypercritical exactness, but is to be accorded a liberal interpretation.' "”

   2 later decisions quote this exact passage
   e.g. 527 So. 2d 102 - Reed v. Brunson · 670 So. 2d 873 - Louviere v. Mobile County Bd. of Educ.

2. “"Section 1. This act shall be known as the `Alabama Correctional Incentive Time Act.' "Section 2. Each prisoner who shall hereafter be convicted of any offense against the laws of the State of Alabama and is confined, in execution of the judgment or sentence upon any conviction, in the penitentiary or at hard labor for the county or in any municipal jail for a definite or indeterminate term, other than for life, whose record of conduct shows that he has faithfully observed the rules for a period of time to be specified by this act may be entitled to earn a deduction from the term of his sentence as follows: "(1) Seventy-five days for each thirty days actually served while the prisoner is classified as a Class I prisoner. "(2) Forty days for each thirty days actually served while the prisoner is a Class II prisoner. "(3) Twenty days for each thirty days actually served while the prisoner is a Class III prisoner. "(4) No good time shall accrue during the period the prisoner is classified as a Class IV prisoner. "Within 90 days after the effective date of this act the commissioner of the department of corrections shall establish and publish in appropriate directives certain criteria not in conflict with this act for Class I, II, III, and IV prisoner classifications. Such classifications shall encompass consideration for the prisoner's behavior, discipline, work practices and job responsibilities. "Class I is set aside for those prisoners who are considered to be trustworthy in e”

   1 later decision quote this exact passage
   e.g. 477 So. 2d 472 - Ex Parte Hilsabeck

3. “"To establish the `Alabama Correctional Incentive Time Act'; to provide for earned deductions from penitentiary and hard labor sentences and to establish certain criteria therefor; to create *Page 474 classifications for measurement of such deductions and eligibility therefor; to require minimum sentences prior to parole eligibility; to authorize the commissioner of the department of corrections to restore certain portions of such deductions lost; to authorize the commissioner to issue, promulgate and implement such rules and regulations necessary to implement the provisions of this act; to specifically repeal Sections 14-9-1 , 14-9-2, 14-9-4 , 14-9-20 , 14-9-21, 14-9-22, 14-9-23, 14-9-24 and 14-9-25 of the Code of Alabama 1975, and all laws or parts of laws conflicting with this act; to make certain exemptions from the provisions of this act for those persons presently serving as inmates in the penitentiary or at hard labor and for those who are convicted for crimes committed prior to the effective date of this act, so as to provide that such prisoners shall earn deductions from sentences as presently provided by law; and to provide habitual offenders shall not be eligible for any deductions from sentences.”

   1 later decision quote this exact passage
   e.g. 477 So. 2d 472 - Ex Parte Hilsabeck