879 So. 2d 532 - Ex Parte Patel’s Empirical Analysis
2003
Citation profile
3
cited by 3 later decisions
1
states following
December 2018
most recently cited
1 federal appellate · 2 state decisions
Relationships
Relies on 600 So. 2d 374 - Burks v. State · Trammell v. State · Livingston v. State · 24 Ala. App. 517 - Roan v. State · 33 Ala. App. 356 - Roddam 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘The evidence must be clear and strong, that it would lead a well-guarded and dispassionate judgment to the conclusion that (1) the offense has been committed; (2) the accused is the guilty agent; and (3) he would probably be punished capitally if the law is administered.’ Trammell v. State, 284 Ala. 31, 32 , 221 So.2d 390, 390 (1969). The State has the burden of proving that the crime was committed and showing facts that would convince the judge that upon final trial the judge would sustain a verdict pronouncing the defendant guilty and imposing the death penalty.’ Roan v. State, 24 AlaApp. 517, 517, 137 So. 320, 321 (1931). A safe rule for a trial court to follow ‘is to deny bail if the court could sustain a capital conviction by a jury based on the same evidence taken at the hearing seeking bail; and to allow bail if the evidence is not so efficacious.’ Webb v. State, 35 Ala.App. 575, 576 , 50 So.2d 451, 452 (1951); Roddam v. State, 33 Ala.App. 356 , 33 So.2d 384 (1948).””
2 later decisions quote this exact passage““Alabama appellate courts have stated that ‘where bail has been refused by the primary magistrate on oral evidence, the appellate court will not interfere, unless such denial appears from the record to have been manifestly erroneous.’ Roan [v. State], 24 Ala.App. [517,] 517, 137 So. [320,] 321 [ (1931) ]. The Alabama Court of Criminal Appeals has recognized a presumption of guilt ““[w]here one is imprisoned [for a capital offense] by virtue of an indictment.’ ” ’ [Ex parte ] Landers, 690 So.2d [537,] 538 [ (Ala.Crim.App.1987) ] (quoting Burks v. State, 600 So.2d 374, 381 (Ala.Crim.App.1991), quoting in turn Livingston v. State, 40 Ala.App. 376, 377 , 116 So.2d 396, 397 (1959)). To be entitled to bail as of right, a defendant must overcome this presumption by proof. Landers, 690 So.2d at 538 .””
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.