57 Ala. App. 35 - Sheperd v. State’s Empirical Analysis
1975
Citation profile
18 state decisions
How this case has been cited
Cited by 20 later decisions — most recently July 1995
18 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 Furman v. Georgia · Freeman v. Hall · Dennison v. State · Loch Ridge Construction Company, Inc. v. Barra · 54 Ala. App. 729 - Ex parte Bynum
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he proper inquiry in such cases is whether the defendant's rights were prejudiced by such failure to respond properly.”
2 later decisions quote this exact passage · from the majority““Contrary to the broad language above, it is my opinion that the Alabama Supreme Court in Bynum was addressing itself solely to the question of bail. The purpose for a special venire in ‘capital cases’ was to give defendant, on trial for his life, an additional safeguard not given to those where only their liberty was at stake. At the time Title 30 Sec. 63, Code of Alabama 1940 was enacted, the only distinction between ‘capital’ and ‘non-capital’ cases was the possible imposition of the death penalty. Since the imposition of the death penalty has been suspended, there is no rational justification for a special venire in a case formerly classified as ‘capital’ and one formerly not so classified where the penalties may now be the same.””
1 later decision quote this exact passage · from the majority““Since Furman v. Georgia, 408 U.S. 238 , 92 S.Ct. 2726 , 33 L.Ed.2d 346 , decided on June 29, 1972, abolished the death penalty in all the States of the Union, all crimes for which the maximum punishment was death must now be considered non-capital felonies in Alabama. Jones v. State, 50 Ala.App. 62 , 276 So.2d 647 . “Appellant further objected to being forced to strike from a list of twenty-five (25) qualified jurors. Since robbery is a non-capital felony in Alabama today, a defendant charged with robbery is entitled to strike from a qualified list of not less than 24 jurors as provided by Title 30, Section 62, Code of Alabama 1940. Crowden v. State, 41 Ala.App. 421 , 133 So.2d 678 .””
1 later decision quote this exact passage · from the majority
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.