500 So. 2d 1278 - Weaver v. State’s Empirical Analysis
1986
Citation profile
6 state decisions
How this case has been cited
Cited by 7 later decisions — most recently April 2005
6 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 Sanders v. State · Smith v. State · Carter v. State · 340 So. 2d 80 - McDonald v. State · Rogers 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'[A] person is not justified in using deadly physical force upon another person if it reasonably appears or he knows that he can avoid the necessity of using such force with complete safety: (1) By retreating.' Alabama Code 1975, § 13A-3-23 (b). 'As a general rule, the accused is not entitled to have his claim of self-defense submitted to the jury if the undisputed evidence shows clearly any of the following: . . ., that the accused was able to retreat. . . .' C. Gamble, McElroy's Alabama Evidence § 457.02(5)(a) (3rd ed. 1977). 'In the absence of evidence warranting a finding both that the accused was in actual or apparent imminent peril and that he was unable to retreat, it is assumed that he was not in such peril and that he was able to retreat.' McElroy's at 457.02(5)(b). 'Where the accused claims the [use of deadly physical force] was in self-defense, the onus rests on him to show that he could not safely retreat without increasing or apparently increasing his peril.' McDonald v. State , 340 So.2d 80 , 84 (Ala.Cr.App.), cert. denied, 340 So.2d 84 (Ala. 1976).”
4 later decisions quote this exact passage“'To justify conduct through a claim of self defense, the accused must neither provoke nor encourage the difficulty. . . . Additionally, some form of retreat is required to establish a claim of self defense.' Finchum v. State , 461 So.2d 37 , 39 (Ala.Cr.App. 1984) (citations omitted). '[O]ne who claims justification in the use of force must not have brought on the necessity of using it; he must have been entirely free from fault.' Commentary to Alabama Code 1975, § 13A-3-23 .”
3 later decisions quote this exact passage“Where the accused claims the [use of deadly physical force] was in self-defense, the onus rests on him to show that he could not safely retreat without increasing or apparently increasing his peril.”
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.