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← 852 So. 2d 191 - Cogman v. State

852 So. 2d 191 - Cogman v. State’s Empirical Analysis

2002

Citation profile

19
cited by 19 later decisions
1
states following
June 2018
most recently cited

19 state decisions

Relationships

Relies on Knight v. State · 607 So. 2d 369 - Hull v. State · Hunt v. State · 642 So. 2d 1060 - Ex Parte Hunt · 607 So. 2d 383 - Tatum v. State

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

  1. “"Cogman's first Rule 32 petition raised claims of ineffective assistance of counsel. An ineffective-assistance-of-counsel claim is not jurisdictional; therefore, it is subject to the two-year limitations period in Rule 32.2(c). See Knight v. State , 727 So.2d 900 , 901 (Ala.Crim.App. 1999). By Cogman's own admission, he did not file his first Rule 32 petition until December 11, 1998, one day after the two-year limitations period had expired. Because only nonjurisdictional claims for relief were contained in Cogman's first Rule 32 petition, which was filed more than two years after the certificate of judgment in his case was issued, those issues were precluded by Rule 32.2(c), Ala.R.Crim.P. Thus, the circuit court should have dismissed the petition as procedurally barred by Rule 32.2(c), Ala.R.Crim.P. Given these circumstances, there is no need to grant Cogman an out-of-time appeal from the denial of his first Rule 32 petition and the claims raised therein."”
    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.