862 So. 2d 587 - Ex Parte Boykins’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “' (quoting Walter B. Jones, Habeas Corpus, State and Federal , Ala. Law., Oct. 1952, at 384)).”

   8 later decisions quote this exact passage
   e.g. Collins v. ALABAMA DEPT. OF CORRECTIONS · Boykins v. State

2. “"Here, Boykins, an inmate in a public institution, has sought review of the action of an administrative department, i.e., the DOC, regarding its denial of his request to receive IGT. . . . Boykins does not enjoy the statutory right of judicial review provided by § 41-22-20 (a), a part of the Act, because he is excluded under § 41-22-3 (9)(g)(1). "`Alabama law is clear that, in the absence of a right of appeal, a party seeking review of a ruling by an administrative agency may petition the circuit court for a common law writ of certiorari.' State Personnel Bd. v. State Dep't of Mental Health Retardation , 694 So.2d 1367 , 1371 (Ala.Civ.App. 1997), citing Ellard v. State , 474 So.2d 743 (Ala.Crim.App. 1984), affirmed, 474 So.2d 758 (Ala. 1985). See also Alabama Dep't of Mental Health Mental Retardation v. Kirby , 579 So.2d 675 (Ala.Civ.App. 1991). `Certiorari will not issue, however, if a right of appeal is available.' State Personnel Board , 694 So.2d at 1371 . `[W]here an applicable statute provides no right of appeal and no statutory certiorari review, the only means of review is the common law writ of certiorari.' Hardy v. Birmingham Bd. of Educ. , 634 So.2d 574 , 576 (Ala.Civ.App. 1994). Hence, Boykins's only means to seek review of the actions of the DOC is by a petition for a writ of certiorari. Consequently, the Court of Criminal Appeals erred in affirming the trial court's treatment of Boykins's petition for a writ of certiorari as a petition for a writ of habeas corpu”

   5 later decisions quote this exact passage
   e.g. Collins v. ALABAMA DEPT. OF CORRECTIONS · Gerthoffer v. ALABAMA DEPT. OF CORRECTIONS

3. “"to address the question whether the Court of Criminal Appeals properly affirmed the trial court's order of dismissal where the basis of the dismissal was the trial court's treatment of Boykins's petition for a writ of certiorari as a petition for a writ of habeas corpus."”

   4 later decisions quote this exact passage
   e.g. Collins v. ALABAMA DEPT. OF CORRECTIONS · Gerthoffer v. ALABAMA DEPT. OF CORRECTIONS