Oliver v. State’s Empirical Analysis
1936
Citation profile
103 state decisions
How this case has been cited
Cited by 103 later decisions — most recently December 2006 · most notably Shadle v. State (1967), Boulden v. State (1965)
103 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 Cobb v. Malone · Anderson v. State · Roan v. State · Jones v. State · Leith 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 103 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ . . . The test of vitiating influence upon a jury authorizing a new trial is not whether it did influence the jury to act without the evidence, but whether it might have unlawfully influenced the jury in the verdict returned, as to its nature, character, or degree, or the amount and extent of the punishment fixed by the jury within the statute. The authorities on this subject are collected in Roan v. State, 225 Ala. 428, 435 , 143 So. 454 ; Leith v. State, 206 Ala. 439, 443, 444 , 90 So. 687 ; Lakey v. State, 206 Ala. 180, 182 , 89 So. 605 .””
3 later decisions quote this exact passage““The association of this witness (Enslen) as special bailiff in control of the jury during the trial and its deliberations, furnished opportunity for ingratiating himself in the minds of the individual jurors, and for unduly emphasizing his testimony given in that case, causing it to affect and enter into the verdict rendered. His constant presence with the jury no doubt had bearing upon the case, though he and the jurors testified that he had not spoken to any individual juror about the evidence in the case or about the defendant. The injury which resulted was no doubt unconsciously brought about, but was none the less real or effective.””
1 later decision quote this exact passage““The argument for the state, that in selecting the jury the defendant had two strikes to the state’s one, had no proper place as an appeal to the jury (Watson v. State, 155 Ala. 9 , 46 So. [232] 236). The trial court sustained the objection thereto.””
1 later decision quote this exact passagee.g. Shadle v. State
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.