671 So. 2d 129 - Edwards v. State’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"A trial court does not have authority to accept a guilty plea to an offense not encompassed by the indictment. Edwards v. State , 671 So.2d 129 (Ala.Cr.App. 1995); Glover v. State , 649 So.2d 216 (Ala.Cr.App. 1994); Ford v. State , 612 So.2d 1317 (Ala.Cr.App. 1992); Ross v. State , 529 So.2d 1074 (Ala.Cr.App. 1988). See Rule 13.5(a), Ala.R.Crim.P. `When the trial court accepts a guilty plea under such circumstances, the court's judgment is void, because the defendant is convicted of an offense for which the defendant has not been indicted and an essential requisite of jurisdiction is therefore missing.' Edwards , 671 So.2d at 130 ."”

   9 later decisions quote this exact passage
   e.g. Crenshaw v. State · Grady v. State

2. “a trial court is without authority to accept a plea of guilty to an offense not encompassed by the charge in the indictment”

   2 later decisions quote this exact passage
   e.g. Henderson v. State · 881 So. 2d 1070 - Toliver v. State

3. ““Section 13A-8-3, Ala.Code 1975, provides, in pertinent part, that ‘[t]he theft of property which exceeds $1,000.00 in value, or property of any value taken from the person of another, constitutes theft of property in the first degree.’ Section 13A-8-4, Ala.Code 1975, provides, in pertinent part, that ‘[t]he theft of property which exceeds $250.00 in value but does not exceed $1,000.00 in value, and which is not taken from the person of another, constitutes theft of property in the second degree.’ Under § 13A-1-9, Ala.Code 1975, ‘A defendant may be convicted of an offense included in an offense charged. An offense is an included one if ... [i]t is specifically designated by statute as a lesser degree of the offense charged.’ The Commentary to this section explains: ‘Subdivision (a)(3) covers a degree relationship in the statutes themselves, e.g., second-degree theft on a charge of first-degree theft.’ Therefore, because of the degree relationship between the two, second-degree theft of property is included within the offense of first-degree theft of property.””

   1 later decision quote this exact passage
   e.g. 877 So. 2d 631 - Albert James Evans v. State of Alabama.