512 So. 2d 786 - Ex Parte Stephens’s Empirical Analysis
1987
Citation profile
7 state decisions
How this case has been cited
Cited by 7 later decisions — most recently May 2010
7 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 · Fulghum v. State · 43 Ala. App. 108 - Lami v. State · Hornsby v. Rush · Burns 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.
“"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. Fulghum v. State , 291 Ala. 71 , 277 So.2d 886 (1973). 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. Lami v. State , 43 Ala. App. 108 , 180 So.2d 279 (1965). In fact, our decisions are to the effect that every accused is entitled to have charges given, which would not be misleading, which correctly state the law of his case, and which are supported by any evidence, however weak, insufficient, or doubtful in credibility. Burns v. State , 229 Ala. 68 , 155 So. 561 (1934)."”
1 later decision quote this exact passage“"The accused is entitled to have the trial court charge on lesser included offenses where there is a reasonable theory from the evidence supporting defendant's position, *Page 374 regardless of whether the State or defendant offers the evidence."”
1 later decision quote this exact passage“An offense is an included one if: (1) It is established by proof of the same or fewer than all the facts required to establish the commission of the offense charged.”
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.