Avery v. State’s Empirical Analysis
1899
Citation profile
1 federal appellate · 23 state decisions
How this case has been cited
Cited by 24 later decisions — most recently September 1990
1 federal appellate · 23 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Hodge v. State · Walker v. State · Bain v. State · Cohen v. State · Peagler 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Therefore we hold to the opinion that charge 1 was calculated to confuse and mislead the jury and that its refusal was not error. The decisions on this point in Cohen v. State, 50 Ala. 108 , Hodge v. State, 97 Ala. 37 , and Walker v. State, 23 So. Rep. 149 , are overruled. The cases of Ellis v. State, 25 So. Rep. 1 , and Jones v. State, Ib. 204, upholding the giving of similar charges, are not in conflict with this. The vice of such charges being only in their tendency to mislead, under the settled rule, neither the giving nor refusal of them- is reversible error.””
1 later decision quote this exact passage“There can be no question but that every doubt one has, is a doubt for which a reason may be given, but it does not follow that a doubt for which a reason can be given is necessarily a reasonable doubt.”
1 later decision quote this exact passage · from the dissent
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.