State v. Webber’s Empirical Analysis
2004
Citation profile
13
cited by 13 later decisions
1
states following
July 2018
most recently cited
13 state decisions
Relationships
Relies on Fong Foo v. United States · Finch v. State · 370 So. 2d 953 - Continental Oil Co. v. Williams · State v. Pugh · Ex Parte Slade
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The filing of a petition for a writ of mandamus against a trial judge does not divest the trial court of jurisdiction, stay the case, or toll the running of any period for obeying an order or perfecting a filing in the case. See Ex parte St. John , 805 So.2d 684 (Ala. 2001) ; State ex rel. S.N. v. W.Y. , 622 So.2d 378 , 381 (Ala. Civ. App. 1993) ; and Continental Oil Co. v. Williams , 370 So.2d 953 , 954 (Ala. 1979). The petition for a writ of mandamus, if meritorious, merely prompts the appellate court to exercise its supervisory power to tell the trial judge, as an official, as distinguished from the trial court itself, to do his or her duty when that duty is so clear that there are no two ways about it. Ex parte Little , 837 So.2d 822 , 824 (Ala. 2002). Further, a petition for a writ of mandamus is not a substitute for an appeal. State v. Van Reed , 673 So.2d 857 , 858 (Ala. Crim. App. 1996) ; and Ex parte City of Tuscaloosa , 636 So.2d 692 , 694 (Ala. Crim. App. 1993). "Therefore, in the case now before us, the filing of the petition for a writ of mandamus neither transferred the retained subject-matter jurisdiction of the trial court to the appellate court, nor tolled the expiration of the thirty days of retained jurisdiction of the trial court, nor conferred appellate jurisdiction (as distinguished from supervisory jurisdiction over the trial judge) on the Court of Criminal Appeals. Thus, after the thirty days of retained jurisdiction in the trial court expired, and af”
4 later decisions 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.