902 So. 2d 715 - Melson v. State’s Empirical Analysis

Citation profile

2 federal appellate · 2 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. ““ ‘In the absence of statutory authorization, neither the trial nor appellate courts may extend or shorten the time for appeal ... even to relieve against mistake, inadvertence, accident, or misfortune ....’””

   2 later decisions quote this exact passage
   e.g. T.G. v. Etowah County Department of Human Resources · 910 So. 2d 146 - Loggins v. State

2. “4 Mar. 2002 Melson, through counsel, filed an unverified Rule 32 petition, challenging his convictions. 12 Mar. 2002 The state filed a motion to dismiss on the. ground that the petition was not verified, as required by Rule 32.6(a) of the Alabama Rules of Criminal Procedure. 15 Mar. 2002 The circuit court granted the state’s motion to dismiss and gave Melson twenty-one days to comply with the verification requirement. Melson, through counsel, filed an amended verified petition to comply with Rule 32.6(a). 25 Mar. 2002 17 Oct. 2002 The circuit court dismissed Mel-son’s Rule 32 amended petition pursuant to Rule 32.7 because the claims: (1) failed to raise a material issue of fact or law, state a claim, and meet the specificity requirement, or (2) were procedurally barred. 2 2 Dec. 2002 Melson, through counsel, filed a notice of appeal with the Alabama Court of Criminal Appeals. 6 Dec. 2002 Melson, through counsel, filed a notice of appeal with the Etowah Circuit Clerk. 16 Dec. 2002 The Alabama Court of Criminal Appeals issued a certificate of judgment dismissing the appeal because it was not timely filed. 6 Mar. 2003 Melson, through counsel, filed a second Rule 32 petition requesting an out-of-time appeal from the dismissal of his first Rule 32 petition. 3 Apr. 2003 The circuit court dismissed Mel-son’s second Rule 32 petition. 3 6 Jan. 2004 The Alabama Court of Criminal Appeals affirmed the circuit court’s dismissal of Melson’s second Rule 32 petition because Melson did not st”

   1 later decision quote this exact passage
   e.g. Melson v. Allen

3. “"`" In the absence of statutory authorization, neither the trial nor appellate courts may extend or shorten the time for appeal ... even to relieve against mistake, inadvertence, accident, or misfortune...." Meeks v. State Farm Mut. Auto. Ins. Co., 286 Ala. 513, 515 , 243 So.2d 27, 28 (1970) (quoting with approval Hanley v. Hanley, 23 Cal.2d 120 , 142 P.2d 423 , 149 A.L.R. 1250, 1261-67 (1943)). "In the interest of finality of judgments, the prescribed time within which a notice of appeal must be filed with the trial court cannot be waived nor is it subject to extension of time by agreement of the parties or by order of this Court." Stewart v. Younger, 375 So.2d 428, 428 (Ala.1979) (emphasis in original). See also Hayden v. Harris, 437 So.2d 1283, 1287 (Ala.1983); State v. Kebe, 399 So.2d 348 (Ala.1981) (wherein our supreme court noted that a United States District Court could not confer to the court the authority to extend the 42-day period).' " Symanowski v. State, 606 So.2d 171, 172 (Ala.Cr.App.1992)."”

   1 later decision quote this exact passage
   e.g. 910 So. 2d 146 - Loggins v. State