523 So. 2d 137 - Draime v. State’s Empirical Analysis
1988
Citation profile
5 state decisions
How this case has been cited
Cited by 5 later decisions — most recently November 2001
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 North Carolina v. Pearce · Colten v. Commonwealth of Kentucky · Wasman v. United States · 357 So. 2d 675 - Clark v. City of Mobile · 455 So. 2d 265 - Hardy 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the circuit court is free to set any lawful sentence upon conviction. [It] is not bound by the actions of the municipal or district judge in the same case. . . . Unless there is evidence in the record of 'vindictiveness' by the trial court, we will not overturn a higher sentence imposed on trial de novo that fits within the statutory limits of punishment.”
1 later decision quote this exact passage“Because of our system of granting a misdemeanor defendant a new trial in circuit court, if he wants it, the circuit judge is free to set any lawful sentence upon conviction. He is not bound by the actions of the municipal or district judge in the same case. Of course, the sentence must be within the minimum and maximum limits as set by statute.”
1 later decision quote this exact passage“Hardy v. State , 455 So.2d 265 , 268 (Ala.Cr.App. 1984); Clark v. City of Mobile , 357 So.2d 675 , 677-78 (Ala.Cr.App.), cert. denied , 357 So.2d 680 (Ala. 1978); A. Campbell, Law of Sentencing § 42 (1978). Nevertheless, even in such a system, the possibility exists that a”
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.