668 So. 2d 51 - Ex Parte State’s Empirical Analysis

Citation profile

5 state decisions

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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"In 1992, Terry Lee Hinton entered a plea of guilty to robbery in the third degree and kidnapping in the second degree; he was sentenced to prison. He never made any request before the trial court to withdraw his guilty plea, nor did he file a Rule 2, Ala.R.Crim.P., petition with the trial court. Rather, he appealed his conviction directly to the Court of Criminal *Page 162 Appeals. The Court of Criminal Appeals reversed the conviction and remanded the case on the grounds that the sentence was void. This court granted certiorari review and reversed the judgment of the Court of Criminal Appeals on the authority of Cantu v. State , 660 So.2d 1026 (Ala. 1994), and Parish v. State , 660 So.2d 231 (Ala. 1994) (both opinions dated April 15, 1994, and remanded the cause). See Hinton v. State , 668 So.2d 49 (Ala. 1994). On remand, the Court of Criminal Appeals held that the sentence was not void, but that the plea was involuntary because the court had misinformed Hinton as to his possible minimum sentence. We have again granted certiorari review. The State contends that the Court of Criminal Appeals has misconstrued Cantu v. State and Parish v. State. We agree, and we hold that the Court of Criminal Appeals erred by reviewing Hinton's appeal. "On second application for rehearing, we recently modified certain language in the April 15, 1994, Cantu opinion to make it clear that the trial court is always to be given the first opportunity to rectify any error it may have made concerning s”

   1 later decision quote this exact passage
   e.g. Anderson v. State