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← 689 SO2D 1002 - Rutledge v. State

Rutledge v. State’s Empirical Analysis

1996

Citation profile

7
cited by 7 later decisions
1
states following
March 2004
most recently cited

7 state decisions

Relationships

Relies on Armstrong v. State · 608 So. 2d 762 - Ex Parte State · 680 So. 2d 980 - Puckett v. State · 668 So. 2d 887 - Hairgrove v. State · 572 So. 2d 1316 - Mallette v. State

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

  1. ““In Hairgrove v. State, 668 So.2d 887 (Ala.Cr.App.1995), this court found that although the following order contained sufficient reasons for revoking probation (the commission of specified new offenses), it failed to sufficiently specify the evidence the trial court relied upon in revoking the appellant’s probation: “‘This cause coming on for probation revocation hearing, the Defendant being present and represented by appointed counsel, Donald Doerr, and the Court having taken and considered sworn testimony, the Court finds based upon the testimony presented that the Defendant has violated the terms and conditions of his probation by committing new offenses constituting Burglary 1st, Theft of Property 1st, Robbery 1st, and Certain Persons Forbidden to [Possess] a Pistol. Based upon the seriousness of the new offenses and the Defendant’s extensive criminal history, no intermediate [sic] would be appropriate and would tend to denigrate the seriousness of both. It is therefore ordered that the Defendant’s probation is revoked.’ “668 So.2d at 887. [[Image here]] “ ‘In Wyatt v. State, 608 So.2d 762, 763 (Ala.1992), the Alabama Supreme Court held that “Armstrong v. State [, 294 Ala. 100 , 312 So.2d 620 (1975),] requires a written order setting forth the evidence relied upon and the reason for the revocation.” This requirement obtains even where “the transcript of the proceeding, coupled with the order, indicates the evidence relied upon by the trial court and the trial court’s reas”
    1 later decision quote this exact passage
  2. “"The appellant contends that revocation should not have been the recommended disposition because the trial court did not consider alternative dispositions. This claim, however, was not preserved for appellate review by an objection in the trial court. Davis v. State, 689 So.2d 225 (Ala. Cr.App.1996). Other than claims regarding the adequacy of a written order and the failure to hold a revocation hearing, claims that the probationer was denied due process can be waived. See Puckett v. State, 680 So.2d 980 (Ala.Cr.App.1996). Therefore, the appellant is deemed to have waived this claim."”
    1 later decision quote this exact passage
  3. “"Comes now the defendant and her attorney and in open Court on this the 3rd day of September, 2003, and after hearing testimony of the defendant to show cause why her probation should not be revoked at this time, the Court finds that the defendant has violated the conditions of her probation as set forth in the Delinquent Charge(s) Number[s] One (1) and Two (2). "After due consideration, the Court finds that the defendant has violated the terms of her probation and it is hereby ORDERED, ADJUDGED AND DECREED BY THE COURT that the defendant's probation be and hereby is REVOKED."”
    1 later decision quote this exact passage

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.