949 So. 2d 976 - Crayton v. State’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Section 13A-l-8(b)(l), Ala.Code . 1975, provides: “ ‘(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.’ “(Emphasis added.) Section 13A-l-9(a), Ala,Code 1975, provides: “ ‘(a) A defendant may be convicted of an offense included in an offense charged. An offense is an included one if: “‘(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) It consists of an attempt or solicitation to commit the offense charged or to commit a lesser included offense; or “ ‘(3) It is specifically designated by statute as a lesser degree of the offense charged; or “ ‘(4) It differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property, or public interests, or a lesser kind of culpability suffices to establish its commission.’ “ ‘[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 in- eluded in the indictment, rather than on the evidence or factual basis the State presents at trial or during the guilty-plea colloquy.’ Johnson v. State, 922 So.2d 137, 141 (Ala.Crim.App.2005). Se”

   1 later decision quote this exact passage
   e.g. Thomas v. State

2. ““(a) A person commits the crime of robbery in the third degree if in the course of committing a theft he: “(1) Uses force against the person of the owner or any person present with intent to overcome his physical resistance or physical power of resistance; or “(2) Threatens the imminent use of force against the person of the owner or any person present with intent to compel acquiescence to the taking of or escaping with the property.””

   1 later decision quote this exact passage
   e.g. Gholston v. State