Johnson v. State’s Empirical Analysis

Citation profile

7 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘ “ ‘The state is not required to prove all that the accused said when he confessed because the accused himself has the right to prove the remainder of his statement.’ [C. Gamble,] McElroyl’s Alabama Evidence], § 200.17 at 446 [ (3rd ed.1977) ].” ’ Sneed v. State, 1 So.3d 104, 126 (Ala.Crim.App.2007), cert. denied, Sneed v. Alabama, [ 555 U.S. 1155 (2009) ], quoting, Barrow v. State, 494 So.2d 834, 840 (Ala.Crim.App.1986). Furthermore, the failure to record a portion of an interview is a matter to be considered as affecting the weight to be accorded the statement rather than its admissibility. See Centobie v. State, 861 So.2d 1111, 1120 (Ala.Crim.App.2001) (part of statement was not recorded because the tape was inserted in the wrong direction; however the tape was admissible). Smith v. State, 756 So.2d 892, 931 (Ala.Crim.App.1997) (where the officer failed to record a portion of the interrogation when he advised Smith of his Miranda rights would not render the statement inadmissible, but would be taken into consideration by the jury in determining the weight and credibility to assign to the officer’s testimony regarding the appellant’s confession).””

   1 later decision quote this exact passage · from the concurrence
   e.g. Wilson v. State

2. ““This Court has held that a prosecutor’s comments that he or she represented or spoke for the victim’s family is not erroneous. ‘We have held that it is not reversible error for a prosecutor to suggest that he is speaking on behalf of the victim’s family. See Slaton v. State, 680 So.2d 879, 906-07 (Ala.Crim.App.1995), aff'd, 680 So.2d 909 (Ala.1996), cert. denied, 519 U.S. 1079 , 117 S.Ct. 742 , 136 L.Ed.2d 680 (1997).’ Burgess v. State, 723 So.2d [742] at 754 [ (Ala.Crim.App.1997) ].””

   1 later decision quote this exact passage · from the concurrence
   e.g. Scheuing v. State

3. “[N]ormally, a reviewing court determines the correctness of a trial court's ruling as of the time when it was made and according to what the record shows was before the lower court at that time.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Ala. River Grp., Inc. v. Conecuh Timber, Inc.