764 So. 2d 1272 - Ex Parte Hurth’s Empirical Analysis
2000
Citation profile
6 state decisions
How this case has been cited
Cited by 7 later decisions — most recently July 2020
6 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 Bounds v. Smith · Smith v. Bennett · 725 So. 2d 1063 - Price v. State. · Goldsmith v. State · Traweek v. Cook
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.
“"The docket fee for the filing of a petition for post-conviction relief is $140.00. See Ala. Code 1975, § 12-19-71 (3); Rule 32.6(a), Ala.R.Crim.P. `To impose any financial consideration between an indigent prisoner and the exercise of his right to sue for his liberty is to deny that prisoner equal protection of the laws.' Hoppins v. State , 451 So.2d 363 , 364 (Ala.Crim.App. 1982) (citing Smith v. Bennett , 365 U.S. 708 , 81 S.Ct. 895 , 6 L.Ed.2d 39 (1961)). `While habeas corpus may, of course, be found to be a civil action for procedural purposes, it does not follow that its availability in testing the State's right to detain an indigent prisoner may be subject to the payment of a filing fee.' Smith , 365 U.S. at 712 , 81 S.Ct. 895 . (Citation omitted.) `[I]n order to prevent "effectively foreclosed access" [to the courts], indigent prisoners must be allowed to file appeals and habeas corpus petitions without payment of docket fees.' Bounds v. Smith , 430 U.S. 817 , 822 , 97 S.Ct. 1491 , 52 L.Ed.2d 72 (1977)."”
4 later decisions quote this exact passage“[to the courts], indigent prisoners must be allowed to file appeals and habeas corpus petitions without payment of docket fees.' Bounds v. Smith , 430 U.S. 817 , 822 , 97 S.Ct. 1491 , 52 L.Ed.2d 72 (1977).”
4 later decisions quote this exact passage“[T]he facts before this Court indicate that Hurth was indigent when he filed his petition for 13 1121399 post-conviction relief. See, e.g., Malone v. State, 687 So. 2d 218, 219 (Ala. Crim. App. 1996) (holding that the petitioner was indigent -- his prison fund had shown a balance of $15.04 on the day before he filed his Rule 32 petition, and his account had never contained more than $60.21 during the four months before he filed his petition).”
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.