922 So. 2d 137 - Johnson v. State’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"[I]n determining whether one offense is included in another, the trend of recent Alabama decisions is to focus on the statutory elements of the offenses and the factual allegations actually included in the indictment, rather than on the evidence or factual basis the State presents at trial or during the guilty-plea colloquy. See Ex parte Cole, 842 So.2d 605 (Ala. 2002); Wright v. State, 902 So.2d 720 (Ala.Crim.App.), aff'd, 902 So.2d 738 (Ala. 2004); Childers v. State, 899 So.2d 1023 (Ala.Crim.App. 2003), writ quashed, 899 So.2d 1025 (Ala. 2004); Bradley v. State, 925 So.2d 221 (Ala.Crim.App. 2004); and Toliver v. State, 881 So.2d 1070 (Ala.Crim.App. 2003)."”

   4 later decisions quote this exact passage
   e.g. Tinker v. State · 977 So. 2d 531 - Underwood v. State

2. “(1) It is established by proof of the same or fewer than all the facts required to establish the commission of the offense charged; or”

   2 later decisions quote this exact passage
   e.g. 949 So. 2d 976 - Crayton v. State · 929 So. 2d 486 - Moss v. State

3. “"(b) When the same conduct of a defendant may establish the commission of more than one offense, the defendant may be prosecuted for each such offense. He may not, however, be convicted of more than one offense if: "(1) One offense is included in the other, as defined in Section 13A-1-9."”

   1 later decision quote this exact passage
   e.g. 949 So. 2d 976 - Crayton v. State