885 So. 2d 850 - State v. Redmon’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. “"However, we do not address the question whether a trial judge has the authority to award additional restitution for each victim after he has assessed restitution for all victims. Once a restitution hearing is held and a trial court has issued a restitution order it is uncertain whether that order can be modified more than 30 days after the original order was entered. `[I]t is ... clear that the Legislature intended that restitution remain an integral part of traditional criminal sentencing.' Roberts v. State, 863 So.2d 1149, 1153 (Ala.Crim. App.2002). Well-established law holds that a trial court retains jurisdiction to modify a sentence for 30 days after the sentence is entered. See Jolly v. State, 689 So.2d 986 (Ala.Crim.App.1996), and Rule 24.4, Ala. R.Crim. P., and Rule 59, Ala. R. Civ. P. "Whether a trial court can award more restitution after a victim has incurred additional medical expenses is not addressed by the `Restitution to Victims of Crimes' Act. At least one state has a statutory provision that specifically vests jurisdiction in a trial court `for purposes of imposing or modifying restitution until such time as the losses may be determined.' Cal.Penal Code § 1202.46 (West.1999)."”

   1 later decision quote this exact passage
   e.g. 920 So. 2d 1122 - Dixon v. State

2. “"When a defendant is convicted of a criminal activity or conduct which has resulted in pecuniary damages or loss to a victim, the court shall hold a hearing to determine the amount or type of restitution due the victim or victims of such defendant's criminal acts. Such restitution hearings shall be held as a matter of course and in addition to any other sentence which it may impose, the court shall order that the defendant make restitution or otherwise compensate such victim for any pecuniary damages. The defendant, the victim or victims, or their representatives or the administrator of any victim's estate as well as the district attorney shall have the right to be present and be heard upon the issue of restitution at any such hearings."”

   1 later decision quote this exact passage
   e.g. 920 So. 2d 1122 - Dixon v. State

3. “"Clearly, Judge Reese's August 21, 2003, order was not final — it failed to address the matter of restitution for one of Redmon's three victims. Because this ruling was not final, it was capable of being amended to make it complete, final, and thus reviewable by a higher court. Moreover, as evidenced by the wording of § 15-18-67, Ala.Code 1975, the award of restitution is mandatory."”

   1 later decision quote this exact passage
   e.g. 920 So. 2d 1122 - Dixon v. State