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← 644 So. 2d 977 - Garrett v. State

644 So. 2d 977 - Garrett v. State’s Empirical Analysis

1994

Citation profile

14
cited by 14 later decisions
1
states following
December 2012
most recently cited

1 federal appellate · 13 state decisions

How this case has been cited

Cited by 14 later decisions — most recently December 2012

1 federal appellate · 13 state decisions

90199420002010decided

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 Strickland v. Washington · 471 So. 2d 1257 - Ex Parte Boatwright · 600 So. 2d 1088 - Drayton v. State · 597 So. 2d 1308 - Ex Parte Rivers · 338 So. 2d 1269 - National Dist. & Chem. v. American Laubscher Corp.

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.

  1. “an `amended petition' relates back to the date of the filing of the original petition provided the amended petition is filed within a reasonable time.”
    3 later decisions quote this exact passage
  2. “"`"Thus, where the plaintiff attempts through amendment to aver new facts or a new cause of action, beyond the statute of limitations period, which were not included in the original complaint, the amendment is barred. However, where the amendment is merely a more definite statement, or refinement, of a cause of action set out in the original complaint, the amendment relates back to the original complaint in accordance with A.R.Civ.P. 15(c)."'"”
    2 later decisions quote this exact passage · from the dissent
  3. ““The appellant was entitled to an eviden-tiary hearing because the petition was meritorious on its face and the district attorney did not dispute the merits of the appellant’s claim of ineffective assistance of counsel. “ ‘A claim of ineffective assistance of counsel can be raised in a petition for post-conviction relief. Ex parte Rivers, 597 So.2d 1308, 1310 (Ala.1991). Here, the petition is meritorious on its face i.e., it contains matters and allegations which, if true, entitle the petitioner to relief. Ex parte Boatwright, 471 So.2d 1257, 1258 (Ala.1985). “ ‘In Ex parte Williams, [Ms. 1901143, July 17, 1992] 1992 WL 164954 (Ala. 1992), the Alabama Supreme Court stated: [[Image here]] “ ‘ “Where such claims appear meritorious on the face of the petition, the court must conduct an evidentiary hearing. See Ex parte Boatwright, 471 So.2d 1257, 1258 (Ala.1985). A petition is meritorious on its face if ‘it contains matters and allegations (such as ineffective assistance of counsel) which, if true, entitle the petitioner to relief.’ Id. “ ‘ “Here, Williams has made detailed claims relating to ineffective assistance of counsel and newly discovered evidence that, he says, show that he was wrongly convicted. The State did not take issue with the facts alleged by Williams, but responded to his claims by filing a motion to dismiss, arguing that the claims were barred under Rule 20. “ ‘ “The factual allegations underlying these claims must be reviewed by this Court as true, because th”
    1 later decision quote this exact passage · from the dissent

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.