Burtram v. State’s Empirical Analysis

Citation profile

5 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. ““ ‘Although in limited circumstances, second degree rape can be a lesser included offense of first degree rape, see Ex parte Washington, 571 So.2d 1062 (Ala.1990), ... generally it is not a lesser included offense, see Allen v. State, 472 So.2d 1122 (Ala.Cr.App.1985); Ross v. State, 529 So.2d 1074 (Ala.Cr.App.1988).’ Ellis v. State, 686 So.2d 1265, 1266 (Ala.Cr.App.1996). Burtram did not offer any facts or caselaw in support of his argument that counsel’s assertion that Burtram could be convicted of both first- and second-degree rape was error. Therefore, Burtram did not prove that trial counsel’s performance fell below the standard enunciated in Strickland [v. Washington, 466 U.S. 668 (1984) ]. “Moreover, counsel correctly informed Burtram that rape by forcible compulsion under 13A-6-61(a)(l), Ala.Code 1975, (Count I), is a separate offense from rape by a male 16 years old or older of a female who was less that 16 but more that 12 years old, 13A-6-62(a)(1) (Count II). Burtram was charged in pertinent part as follows: “ ‘Count One: ... Randall Burtram ... a male, did engage in sexual intercourse with [K.A.], a female, by fore ible compulsion, in violation of § 13A-6-61 of the Code of Alabama. “ ‘Count Two: ... Randall Burtram ... a male, did engage in sexual intercourse with [K.A.], a female, who was less than sixteen years of age and more than twelve years of age, the said Randall Burtram ... being sixteen years of age or older and at least two years older than the said [K.A”

   1 later decision quote this exact passage
   e.g. 141 So. 3d 95 - Israel v. State

2. ““We acknowledge that a case more ripe for our discussion would be a case in which the defendant had been charged with, and convicted of, both forcible rape and statutory rape of the same victim. However, our intention is to make it perfectly clear that Alabama has organized its laws so that first-degree rape under § 13A-6-61 and second-degree rape under § 13A-6-62 are distinct offenses. Therefore, Burtram could have been convicted of, and sentenced for, each count charged in the indictment even though each count arose from a single incident. Counsel’s advice to Burtram was correct; therefore, counsel’s performance was not ineffective.””

   1 later decision quote this exact passage
   e.g. 141 So. 3d 95 - Israel v. State

3. ““ ‘(a) A male commits the crime of rape in the first degree if: “ ‘(1) He engages in sexual intercourse with a female by forcible compulsion; or “ ‘(2) He engages in sexual intercourse with a female who is incapable of consent by reason of being physically helpless or mentally incapacitated; or “ ‘(3) He, being 16 years or older, engages in sexual intercourse with a female who is less than 12 years old.’”

   1 later decision quote this exact passage
   e.g. 141 So. 3d 95 - Israel v. State