648 So. 2d 625 - Howard v. State’s Empirical Analysis

Citation profile

2 state decisions

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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. “"In Graves v. State , 632 So.2d 33 (Ala. 1993), the Alabama Supreme Court, citing Gholston v. State , 620 So.2d 719 (Ala. 1993), held that the defendant had been properly sentenced on his conviction for the unlawful possession of a pistol by a person previously convicted of a crime of violence under the Habitual Felony Offender Act. In Graves v. State , supra, the defendant's previous conviction was for manslaughter, both a crime of violence and a felony; therefore, the defendant's sentence was properly enhanced under the Habitual Felony Offender Act by that felony. "In Gholston v. State , 620 So.2d at 724 , the Alabama Supreme Court stated: "`[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 "crime of violence" is also a prior "felony" conviction. The Court of Criminal Appeals, in Nunnery v. State , 410 So.2d 444 , 448 (Ala.Cr.App. 1981), held that unlawful possession of a pistol by a person convicted of a crime of violence is a felony and that the Habitual Felony Offender Act applies to such a conviction. The Habitual Felony Offender Act is mandatory and must be applied whenever a repeat offender with a prior felony conviction is convicted of another felony. See, e.g. , § 13A-5-9 (a), Ala. Code 1975 ("In all cases when it is shown that a criminal defe”

   1 later decision quote this exact passage
   e.g. 880 So. 2d 1202 - Matchum v. State