Wilkerson v. State’s Empirical Analysis
1986
Citation profile
12 state decisions
How this case has been cited
Cited by 12 later decisions — most recently December 2015
12 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 361 So. 2d 1106 - Chavers v. State · 475 So. 2d 623 - Ex Parte Stork · 456 So. 2d 865 - Gratton v. State · 356 So. 2d 743 - Witherspoon v. State · 419 So. 2d 277 - Wyatt 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"As a general rule the trial court is not required to give a jury charge on a lesser included offense unless, in its discretion, it concludes that the evidence presented would support the charge. Absent an abuse of that discretion, this court will not disturb a trial court's decision. Witherspoon v. State , 356 So.2d 743 (Ala.Cr.App. 1978); Gratton v. State , 456 So.2d 865 (Ala.Cr.App. 1984). As this court, per Presiding Judge Bowen, recently noted:”
2 later decisions quote this exact passage““ ‘ “An individual accused of the greater offense has a right to have the court charge on the lesser offenses included in the indictment, when there is a reasonable theory from the evidence supporting his position. [Citation omitted.] A court may properly refuse to charge on lesser included offenses only (1) when it is clear to the judicial mind that there is no evidence tending to bring the offense within the definition of the lesser offense, or (2) when the requested charge would have a tendency to mislead or confuse the jury. [Citation omitted.]” ’ ””
1 later decision quote this exact passagee.g. Warren v. State“"Under the provisions of § 13A-6-22 (a), the offense of assault in the third degree is committed if a person does one of the following acts: '(1) With intent to cause physical injury to another person, he causes physical injury to any person; or '(2) He recklessly causes physical injury to another person; or '(3) With criminal negligence he causes physical injury to another person by means of a deadly weapon or a dangerous instrument; . . .' "”
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.