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← 347 So. 2d 576 - Gibson v. State

347 So. 2d 576 - Gibson v. State’s Empirical Analysis

1977

Citation profile

35
cited by 35 later decisions
2
states following
August 2010
most recently cited

35 state decisions

How this case has been cited

Cited by 35 later decisions — most recently August 2010 · most notably 415 So. 2d 1210 - Moore v. State (1982), 580 So. 2d 11 - Stephens v. State (1990)

35 state decisions

24019771980199020002010decided

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 Miranda v. State of Arizona Vignera · Cobern v. State · Acklen's v. Hickman · Washington v. State · 65 So. 2d 704 - Washington 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “'. . . "[I]t must be examined in its context and in light of what had transpired, that is, in light of preceding argument of defense counsel, to which the prosecutor's argument was an answer.”
    5 later decisions quote this exact passage
  2. “"Under the doctrine of past recollection recorded a witness may testify to a transaction or event on the basis of a written record of his past recollection, although the writing does not refresh his memory and he has no independent recollection of the event or transaction. Under this rule the memorandum may be admitted into evidence as a substitute for the witness's oral testimony. Witness' Use of Memoranda , 476. However before the notes or record are admissible it must be shown (1) that the witness at one time personally knew the facts upon which he is being examined, and that the memorandum is a correct record of them; (2) that the record *Page 1160 was made soon after the occurrence so that the facts were fresh in his mind; and (3) the original memorandum must be produced or its absence accounted for. Witness' Use of Memoranda , 475-476. Only after this predicate has been laid may the actual memorandum be introduced into evidence." Gibson v. State , 347 So.2d 576 , 581 (Ala.Cr.App. 1977).”
    1 later decision quote this exact passage
  3. “A thing is in the presence of a person with respect to robbery, which is so within his reach, inspection, observation, or control that he could, if not overcome by violence or prevented by fear, retain his possession of it.”
    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.