Public-domain · open source
OpenJurist
← 526 SO2D 672 - State v. Hubbard

State v. Hubbard’s Empirical Analysis

1988

Citation profile

2
cited by 2 later decisions
1
states following
July 1999
most recently cited

2 state decisions

Relationships

Relies on Lee v. United States · Kennedy v. Powell · Bell v. Alabama · 344 So. 2d 232 - State v. Gautney · 380 So. 2d 394 - Wood v. City of Birmingham

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

  1. “"(a) Generally. In any case involving a felony, a misdemeanor, or a violation, an appeal may be taken by the state to the Court of Criminal Appeals from a pre-trial order of the circuit court (1) suppressing a confession or admission or other evidence, (2) dismissing an indictment, information, or complaint (or any part of an indictment, information, or complaint), or (3) quashing an arrest or search warrant. Such an appeal may be taken only if the prosecutor certifies to the Court of Criminal Appeals that the appeal is not brought for the purpose of delay and that the order, if not reversed on appeal, will be fatal to the prosecution of the charge. A municipality may appeal any pre-trial order entered by the circuit court on trial de novo of any municipal ordinance violation, in like manner."”
    2 later decisions quote this exact passage
  2. “"Under these circumstances, the State had no right to appeal. `The right of appeal is considered a creature of statute in Alabama, and the statutes granting it are strictly construed.' Bell v. Alabama , 367 F.2d 243 , 249 (5th Cir. 1966), cert. denied, 386 U.S. 916 , 87 S.Ct. 859 , 17 L.Ed.2d 788 (1967). `There is no inherent or inalienable right of appeal, but such right is purely statutory.' Wood v. City of Birmingham , 380 So.2d 394 , 396 (Ala.Cr.App. 1980). `The State cannot appeal except upon statutory authority.' State v. Gautney , 344 So.2d 232 , 233 (Ala.Cr.App. 1977)."”
    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.