728 So. 2d 673 - Owens v. State’s Empirical Analysis

Citation profile

54 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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The general rules of preservation apply to probation revocation hearings. Puckett v. State , 680 So.2d 980 , 983 (Ala.Cr.App. 1996), citing Taylor v. State , 600 So.2d 1080 , 1081 (Ala.Cr.App. 1992). This Court `has recognized, in probation revocation proceedings, only two exceptions to the general rule that issues not presented to the trial court are waived on appeal: (1) the requirement that there be an adequate written order of revocation . . ., and (2) the requirement that a revocation hearing actually be held.' Puckett , 680 So.2d at 983 ."”

   23 later decisions quote this exact passage
   e.g. McGhee v. State · Attaway v. State

2. “"We acknowledge, of course, that a probationer cannot be sentenced to more than the maximum statutorily allowed time—that is to say, if no intervening event happens to toll the probation period, then the period cannot exceed two years from the date of sentencing for a misdemeanor and five years from the date of sentencing for a felony. If, however, before the expiration of the original court-ordered probation period or before the expiration of the maximum statutory probation period, revocation proceedings are begun, then the running of the applicable period is tolled. In that situation, the trial court retains jurisdiction to revoke a defendant's probation, even if the actual revocation does not occur until after the two-year or five-year statutory maximum period."”

   3 later decisions quote this exact passage
   e.g. G.L.C. v. State · 816 So. 2d 1075 - Davis v. State

3. ““We begin by noting that a probationary period does not end until: (1) the probationer satisfactorily fulfills all the conditions of probation and the actual probationary term ordered by the court expires, see § 15-22-54(a), Ala.Code 1975 (“When the conditions of probation or suspension of sentence are fulfilled, the court shall, by order duly entered on its minutes, discharge the defendant.’), and Rule 27.3(c), Ala. R.Crim. P. (‘Probation automatically terminates upon successful completion of the term of probation set by the court’); (2) if the probationer has not satisfactorily fulfilled all the conditions of probation, the maximum period of probation allowed by law expires, see § 15-22-54(a), Ala. Code 1975 (‘in no case shall ... the maximum probation period of a defendant guilty of a felony exceed five years’); or (3) the probationer is formally discharged from probation by the court, see § 15-22-54(b), Ala.Code 1975 (‘The court granting probation may, upon the recommendation of the officer supervising the probationer, terminate all authority and supervision over the probationer prior to the declared date of completion of probation upon showing a continued satisfactory compliance with the conditions of probation over a sufficient portion of the period of probation.’), and Rule 27.3(b), Ala. R.Crim. P. (‘At any time during a term of probation, the sentencing court may terminate probation and discharge the probationer absolutely, after notice to the prosecutor. Early termin”

   2 later decisions quote this exact passage
   e.g. Hunter v. Etowah Cnty. Court Referral Program, LLC · Jones v. State