Hurth v. State’s Empirical Analysis

Citation profile

1 federal appellate · 4 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. ““The majority cites Tidmore v. State, 436 So.2d 21 (Ala.Cr.App.1983), which applied the analysis that should be applied in this case. The court in Tidmore said that “ ‘ “although we would deem it to be better practice for the trial judge to formally adjudge the defendant guilty before rendering sentence, our courts have consistently held that an implied judgment of guilty results where there appears a valid sentence in proper form by the court in compliance with a verdict of guilt.”’ “436 So.2d at 22, quoting Poellnitz v. State, 48 Ala.App. 144 , 262 So.2d 631 (Ala.Cr.App.1972). In this cause as proof of the Georgia convictions, there is a valid plea of guilty signed by the appellant, the appellant’s lawyer, and the district attorney, and following that plea is the court’s sentence of three years in the state penitentiary. Although the phrase ‘adjudication of guilt’ was omitted from this Georgia form, a reasonable interpretation of this document would lead to the conclusion that the appellant had indeed been convicted of forgery in the first degree. Consequently, the reasoning of Tidmore should be extended to valid pleas of guilty. To hold otherwise would create an arbitrary distinction between convictions resulting from jury verdicts and those resulting from guilty pleas. “In Esters v. State, 480 So.2d 615, 616 (Ala.Cr.App.1985), Judge Patterson, writing for the court, stated, ‘A proper method to prove a prior conviction is by introducing a certified copy of the judgment ent”

   1 later decision quote this exact passage · from the dissent
   e.g. Poole v. State

2. “"`"[A]lthough we would deem it better practice for the trial judge to formally adjudge the defendant guilty before rendering sentence, our courts have consistently held that an implied judgment of guilty results where there appears a valid sentence in proper form by the court in compliance with a verdict of guilt."'"”

   1 later decision quote this exact passage · from the dissent
   e.g. Morgan v. State

3. “an adjudication of guilt can be implied in certain circumstances where a jury has returned a guilty verdict,”

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