587 So. 2d 1260 - Duncan v. State’s Empirical Analysis
1991
Citation profile
14
cited by 14 later decisions
1
states following
June 2018
most recently cited
13 state decisions
Relationships
Applies 18 U.S.C. § 3500
Relies on Palermo v. United States · Costarelli v. Massachusetts · Livingston v. Texas · United States v. Haldeman · Rosenberg v. United States
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'It is well settled that recitals in the judgment [entry] import absolute verity, unless contradicted by other portions of the record.' Harper v. City of Troy , 467 So.2d 269 , 272 (Ala.Cr.App. 1985); Traylor v. State , 466 So.2d 185 , 188 (Ala.Cr.App. 1985). In this case, the judgment entries are contradicted by the court reporter's transcript. Where such a conflict exists, this Court must 'remand th[e] cause to the trial court with directions to resolve the conflict and determine if a proper allocution did in fact occur. If there was no allocution, the trial court is directed to conduct a new sentencing hearing in which a proper allocution is provided.' Ebens v. State , 518 So.2d 1264 , 1269 (Ala.Cr.App. 1986) . . ., followed in Maul v. State , 531 So.2d 35 , 36 (Ala.Cr.App. 1987).”
2 later decisions quote this exact passage“It is without dispute that, prior to sentencing a defendant convicted of a felony, 'the sentencing court must ask the convicted person if he has anything *Page 383 to say as to why the sentence of law should not be imposed on him.' Ex parte Anderson , 434 So.2d 737 , 737-38 (Ala. 1983). Accord, Rule 8(b)(1), A.R.Crim. P.Temp. (now rule 26.9(b)(1), A.R.Crim.P.). Both the judgment entries and the case action summary entries in the appellant's cases recite that allocution occurred prior to the imposition of sentence. However, there is nothing in the court reporter's transcript of the sentencing hearing that could be deemed an allocution. Compare Jones v. State , 555 So.2d 333 , 336 (Ala.Cr.App. 1989) (' "Anything further from anybody now before I take this recess”
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.