Weaver v. State’s Empirical Analysis
1998
Citation profile
10 state decisions
How this case has been cited
Cited by 10 later decisions — most recently April 2010
10 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Blockburger v. United States · Barker v. Wingo · North Carolina v. Pearce · Brown v. Ohio · Iannelli v. United States
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Weaver contends he should have been convicted of only one count of felony murder, making the following argument: "`The trial court committed reversible error by not setting aside one (1) of the felony murder charges, and its lesser included offenses, in this case. There is no dispute that there was only one (1) murder in this case. To impose sentences upon a person for two (2) felony murder convictions for one (1) murder violates the proscription in the Constitution of Alabama of 1901, Article 1, Section 9, against building a series of criminal charges for a single act. It also violates the prohibition contained in the Fifth Amendment of the Constitution of the United States against a citizen's being twice punished for one (1) crime. Vogel v. State, 426 So.2d 863 (Ala.Cr. App.1980), aff'd, 426 So.2d 882 (Ala.), cert. denied, 462 U.S. 1107 , 103 S.Ct. 2456 , 77 L.Ed.2d 1335 (1983). The same prohibitions apply to the lesser included offenses as well, as they are necessary elements of the crime of felony murder.'”
1 later decision quote this exact passage“" Clift v. State, 352 So.2d 838, 839 (Ala. 1977), quoting Brown v. Ohio, 432 U.S. 161, 165-66 , 97 S.Ct. 2221 , 53 L.Ed.2d 187 (1977). "In this case, Weaver was charged with the capital offenses of murder committed during a burglary and murder committed during a robbery. The jury found him guilty of the lesser offenses included within those capital offenses of felony murder committed during a burglary and felony murder committed during a robbery. In applying the Blockburger test, we find, as we have before, that murder during a robbery is not a lesser included offense of murder during a burglary, because each offense required proof of a statutory element that the other did not. Therefore, Weaver was properly indicted for the separate counts of capital murder and was properly convicted and sentenced for the lesser included offenses of felony murder committed during a robbery and felony murder committed during a burglary. Powell v. State, 631 So.2d 289, 292 (Ala.Cr.App.1993)."”
1 later decision quote this exact passage“`(3) He commits or attempts to commit arson in the first degree, burglary in the first or second degree, escape in the first degree, kidnapping in the first degree, rape in the first degree, robbery in any degree, sodomy in the first degree or any other felony clearly dangerous to human life and, in the course of and in furtherance of the crime that he is committing or attempting to commit, or in *Page 1110 immediate flight therefrom, he, or another participant if there be any, causes the death of any person.'”
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.