814 So. 2d 302 - Ex Parte Fleming’s Empirical Analysis
2001
Citation profile
3 state decisions
Relationships
Applies 18 U.S.C. § 3148 (Bail Reform Act of 1984)
Relies on Landsberger v. Schafer · 368 So. 2d 554 - Sprinkle v. State · Sprinkle v. State · 54 Ala. App. 729 - Ex parte Bynum · Ex Parte Arthur
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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““If a ground alleged for revocation of the release is that the defendant released has violated the condition under Rule 7.3(a)(2) by committing a criminal offense, or that there was a misrepresentation or omission concerning other charges pending against the defendant released, the court may modify the conditions of release or revoke the release, if the court finds that there is probable cause (or if there has already been a finding of probable cause) to believe that the defendant released committed the other offense or offenses charged.””
2 later decisions quote this exact passage““[A] defendant may forfeit his constitutional right to pretrial bail by his conduct while out on bail. See Shabazz v. State, 440 So.2d 1200 (Ala.Crim.App. 1983). In Shabazz , we stated: “ ‘The Constitution of the State of Alabama provides “That all persons shall, before conviction, be bailable by sufficient sureties,, except for capital offenses, when the proof is evident or the presumption great; and that excessive bail shall not in any case be required.” Ala. Const, art. I, § 16. Additionally, § 15-13-2, Code of Alabama 1975, states that “In all cases other than those specified in subsection (a) of section 15-13-3, a defendant is, before conviction, entitled to bail as a matter of right.” Subsection (a) of § 15-13-3 deals with capital cases. The courts of this State have consistently construed the statute and constitutional provision as ensuring to an accused an absolute right to bail. Brakefield v. State, 269 Ala. 433 , 113 So.2d 669 (1959); Holman v. Williams, 256 Ala. 157 , 53 So.2d 751 (1951); Sprinkle v. State, 368 So.2d 554 (Ala.Crim.App.1978), writ quashed, 368 So.2d 565 (Ala.1979). [[Image here]] “ ‘... Although the court found the right to bail on a noncapital case to be absolute, even when there had previously been a forfeiture of bail on the same charge, it also said that an accused could forfeit his constitutional right to bail if it appeared that he had done so through affirmative evidence. This court opines that engaging in felonious criminal activity while ou”
1 later decision quote this exact passagee.g. Ex Parte Patterson
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.