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← 953 SO2D 374 - Ex Parte Rawls

Ex Parte Rawls’s Empirical Analysis

2006

Citation profile

19
cited by 19 later decisions
1
states following
November 2018
most recently cited

19 state decisions

Relationships

Applies 28 U.S.C. § 1295

Relies on Hoffman v. United States · Baxter v. Palmigiano · Landis v. North American Co. · Williams v. Florida · Baldwin v. New York Williams

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

  1. “"Bryan is charged here with criminal mischief, criminal trespass, and stalking. The criminal-mischief and criminal-trespass charges stem from the incident on October 27, 2004, when he drove his truck into the garage and severely damaged the marital home and Teresa's car. This incident occurred after Teresa filed for divorce. "Teresa's attorney stated at the hearing on Bryan's motion to stay the divorce proceedings that if those proceedings went forward he would not ask Bryan any questions concerning incidents that occurred after Teresa had filed for divorce. Therefore, concerning the charges of criminal mischief and criminal trespass, there would be no overlap in the criminal and civil cases. The civil divorce proceeding and the criminal proceedings resulting from the criminal-mischief and criminal-trespass charges are thus not parallel proceedings. "However, the stalking charge presents a different situation. Section 13A-6-90, Ala. Code 1975, provides: 'A person who intentionally and repeatedly follows or harasses another person and who makes a credible threat, either expressed or implied, with the intent to place that person in reasonable fear of death or serious bodily harm is guilty of the crime of stalking.' A prosecutor must thus prove that a defendant repeatedly followed or harassed the victim to sustain a conviction for stalking. "Bryan argues that because, in order to prove guilt of stalking, the State must prove repeated actions, the criminal proceeding involving th”
    1 later decision quote this exact passage
  2. “Because he may refuse to answer, the fact that Bryan may be asked a question the response to which could incriminate him presents no Fifth Amendment issue.”
    1 later decision quote this exact passage
  3. “Ex parte Coastal Training Inst. , 583 So.2d 979 , 980-81 (Ala. 1991).”
    1 later decision 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.