Thompson v. State’s Empirical Analysis

Citation profile

33 state decisions

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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “has authority to remand a case, if it determines justice would require it , to the trial court for a determination to be made on the defendant's claim that he was inadequately represented at his trial,”

   5 later decisions quote this exact passage · from the majority
   e.g. 582 So. 2d 581 - Fortner v. State · 659 So. 2d 152 - Wilson v. State

2. “"By adopting Temporary Rule 6, [the predecessor to Rule 26.6(b)(3)(iv), Ala.R.Crim.P.,] this Court placed emphasis on the ` conduct ' made the basis of the prior conviction, rather than where it occurred, or when it occurred. This Court, therefore, made the triggering mechanism not whether another jurisdiction might have punished the prior offense by imprisonment for more than one year, but whether Alabama considered the prior `conduct' so blameworthy as to merit more than one year's imprisonment. The wording of the rule, therefore, has the following effect: (1) A conviction for an `offense' committed in Alabama prior to January 1, 1980, or after January 1, 1980, for that matter, punishable by a sentence of more than one year, is a `felony conviction'; thus, the fact that a defendant was convicted in Alabama and received a sentence of more than a year would necessarily mean that the prior conviction is a `prior felony'; (2) A conviction in any other jurisdiction, at any time, for a criminal act punishable in the other jurisdiction by a sentence exceeding one year, however, is not a `felony conviction' unless the act `would have been' punishable under our own criminal laws on or after January 1, 1980, by a sentence exceeding one year. "”

   3 later decisions quote this exact passage · from the majority
   e.g. State v. Stallings · 612 So. 2d 1246 - Clackler v. State

3. “"By adopting Temporary Rule 6 [A.R. Crim.P.Temp.], this Court placed emphasis on the `conduct' made the basis of the prior conviction, rather than where it occurred, or when it occurred. This Court, therefore, made the triggering mechanism not whether another jurisdiction might have punished the prior offense by imprisonment for more than one year, but whether Alabama considered the prior `conduct' so blameworthy as to merit more than one year's imprisonment. The wording of the rule, therefore, has the following effect: ... (2) A conviction in any other jurisdiction, at any time, for a criminal act punishable in the other jurisdiction by a sentence exceeding one year, however, is not a `felony conviction' unless the act `would have been' punishable under our own criminal laws on or after January 1, 1980, by a sentence exceeding one year.... Consequently, the rule does not say, and was not intended to say, that `a felony is a felony is a felony is anything punishable anywhere, anytime, by a sentence exceeding one year.'"”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Stallings · 579 So. 2d 45 - Mitchell v. State