632 So. 2d 33 - Graves v. State’s Empirical Analysis
1993
Citation profile
7
cited by 7 later decisions
1
states following
September 2003
most recently cited
7 state decisions
Relationships
Relies on 392 So. 2d 1274 - Watson v. State · 392 So. 2d 1280 - Sanders v. State · 620 So. 2d 665 - Ex Parte Johnson · 410 So. 2d 444 - Nunnery v. State · 528 So. 2d 1167 - Johnson 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“`[W]e conclude that the intent of the legislature, as shown by the plain language of the statute, is that the sentence for a conviction for unlawful possession of a pistol under § 13A-11-72 (a) can be enhanced by the Habitual Felony Offender Act when the prior conviction for a”
2 later decisions quote this exact passage“"Although the Court of Criminal Appeals affirmed Graves's conviction for unlawful possession of a pistol by a person previously convicted of a crime of violence, that court held that `the Habitual Felony Offender Act, § 13A-5-9 , cannot be applied for enhancement purposes to sentences for [unlawful possession] convictions under § 13A-11-72 (a). For such convictions, sentencing must be in accordance with § 13A-11-84 (a).' Graves v. State , 632 So.2d [30,] 32 [(Ala.Crim.App. 1992)] (citing this Court's September 18, 1992, opinion in Ex parte Johnson [, 1901573]). We note, however, that on April 16, 1993, on application for rehearing, this Court withdrew its September 18, 1992, opinion in Ex parte Johnson and substituted a new opinion; that substituted opinion omits any discussion of the application of the Habitual Felony Offender Act to convictions for unlawful possession. See Ex parte Johnson , 620 So.2d 665 (Ala. 1993) (opinion on rehearing). "Furthermore, this Court in Gholston v. State , 620 So.2d [719] (Ala. 1993), specifically held that the Habitual Felony Offender Act mandates that convictions for unlawful possession be enhanced if the prior conviction for a `crime of violence' was a felony conviction. . . . "Graves had a previous conviction for manslaughter, which is both a crime of violence, under § 13A-11-72 (a), Ala. Code 1975, and a felony, under § 13A-6-3 (b). Therefore, based upon our decision in Gholston and the substituted opinion in Johnson on rehearing, we rev”
1 later decision quote this exact passage“Furthermore, this Court in Gholston v. State , 620 So.2d [719] (Ala. 1993), specifically held that the Habitual Felony Offender Act mandates that convictions for unlawful possession be enhanced if the prior conviction for a `crime of violence' was a felony conviction. . . .”
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.