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← 992 SO2D 1248 - Ex Parte Jenkins

Ex Parte Jenkins’s Empirical Analysis

2007

Citation profile

5
cited by 5 later decisions
1
states following
April 2017
most recently cited

5 state decisions

Relationships

Relies on United States v. Cotton · 946 So. 2d 536 - Ex Parte Seymour · Smith v. Clark · Kirby v. State · Wells v. State

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

  1. “'Under our holding in Seymour , a defect in a criminal indictment no longer deprives the trial court of jurisdiction, as it had under the common law, but instead is a nonjurisdictional error that may be waived.' Ex parte Jenkins , 992 So.2d 1248 , 1250 (Ala. 2007).”
    2 later decisions quote this exact passage
  2. ““By enacting § 13A-5-9.1, the legislature conferred on the trial court continuing jurisdiction over motions for sentence reconsideration, to be exercised by only the sentencing judge or the presiding judge.... Because the judge who denied Jenkins’s first motion for sentence reconsideration was neither the sentencing judge nor the presiding judge, under § 13A-5-9.1 he was without jurisdiction to consider that motion, and the denial of that motion resulted in a void judgment.””
    1 later decision quote this exact passage
  3. ““Because § 18A-5-9.1 confers on a court continuing jurisdiction over a motion for sentence reconsideration, to be exercised by only the sentencing judge or the presiding judge, [the judge who ruled on the first motion], who was neither, did not have jurisdiction over Jenkins’s first motion for sentence reconsideration. Accordingly, the judgment purporting to deny that motion is a void judgment.””
    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.