710 So. 2d 456 - Howard v. State’s Empirical Analysis

Citation profile

12 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 12 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 ."”

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

2. “Robbery in the second degree is not a lesser included offense of robbery in the first degree, unless the defendant is aided in the commission of the robbery by another person actually present and a participant in the robbery is armed with a deadly weapon or dangerous instrument or causes physical injury to another.”

   5 later decisions quote this exact passage
   e.g. 881 So. 2d 1070 - Toliver v. State · 791 So. 2d 1062 - Marks v. State

3. “"Comes now the District Attorney for Lee County, Alabama, pursuant to the order heretofore entered by the Court in this case and charges that before the filing of this information, Frederick Douglas Byrd, alias Fred Byrd, whose true Christian name is otherwise unknown, did, in the course of committing a theft of lawful paper currency of the United States of America, the exact denominations of which are unknown, the property of Charles Richard Salmon, a sole proprietorship d/b/a Saco Service Station, use force or threaten the imminent use of force against the person of Charles Richard Salmon, with the intent to overcome his physical resistance or physical power of resistance or to compel acquiescence to the taking of or escaping with the property, in violation of § 13A-8-42 of the Code of Alabama, against the peace and dignity of the State of Alabama."”

   2 later decisions quote this exact passage
   e.g. 881 So. 2d 1070 - Toliver v. State · 763 So. 2d 987 - Byrd v. State