Allen v. State’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““According to Rule 4(b), Ala.. R. [App.] P., a notice of appeal in a criminal case must be filed within 42 days from the date of sentencing or within 42 days from the denial or denial by operation of law of a motion in arrest of judgment, a motion for a new trial, or a motion for a judgment of acquittal. "... A request for probation is not the equivalent of the motions recognized in Rule 4, Ala. R.App. P„ as tolling the time for filing a notice of appeal. This very issue was addressed by the Alabama Supreme Court in Woods v. State, 371 So.2d 944 (Ala.1979). The Court in Woods stated: “ ‘Although Rule 4(b) provides that a “timely motion in arrest of judgment or for a new trial” will toll the running of the appeal period, no such motion was made in this case. A request for probation following sentencing does not extend the time for appeal from a judgment of conviction. Turner v. State, 365 So.2d 335 (Ala.Cr.App.1978). “ ‘(Timely filing of notice of appeal is a jurisdictional requisite, and the appeal must be dismissed for . lack of jurisdiction if notice of appeal was not timely filed. [Ala. R.App. P.]2(a).... “ ‘Petitioner contends that this case is distinguishable from Turner v. State, supra, since here the trial court suspended the sentence until receipt of the post-sentence investigation report from the probation officer. Petitioner argues that since the sentence was temporarily suspended, it was temporarily inoperative and was not sufficient to support an appeal until the ”

   1 later decision quote this exact passage · from the majority
   e.g. Hyde v. State