497 So. 2d 513 - Beverly v. State’s Empirical Analysis
1985
Citation profile
1 federal appellate · 5 state decisions
How this case has been cited
Cited by 6 later decisions — most recently July 2000
1 federal appellate · 5 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 Burks v. United States · Greene v. Massey · Terry v. State · Racine v. State · Moss 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Appellant contends that his prosecution for rape was barred by the three-year statute of limitations on rape prosecutions. "The rape occurred in April 1979. An indictment was returned against appellant for the rape in May of 1979. In April 1982, this indictment was nol-prossed upon the appellant's conviction for murder during robbery in the first degree and his sentence to life without parole. Upon the reversal of this conviction the appellant was reindicted in February 1984. Alabama Code 1975, § 15-3-6, states that `when an indictment is... quashed ... for any ... cause ..., the time elapsing between the preferring of the first charge or indictment and the subsequent indictment must be deducted from the time limited for the prosecution of the offense last charged.' At the very most it appears that only 24 months elapsed in which no indictment was pending against the appellant after the date of the rape. Therefore, the prosecution of appellant for rape was not barred by the statute of limitations." 497 So.2d at 517.”
2 later decisions quote this exact passage“Murder in the first degree and grand larceny fit the definition of lesser included offenses of `robbery when the victim is intentionally killed' because they can be established by proof of the same or fewer than all the facts required to establish the commission of the greater crime. Ala.Code § 13A-5-31, also compiled as § 13-11-2, Code of Alabama 1975 , specifically prohibited conviction of any lesser offenses. Due to this fact, the appellant was protected from any conviction for murder or grand larceny at his original trial. Appellant, therefore, was not exposed to former jeopardy as to these offenses when he was indicted and convicted of grand larceny in the case at hand.”
1 later decision quote this exact passagee.g. Ex Parte Beverly
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.