368 So. 2d 568 - McBryar v. State’s Empirical Analysis
1979
Citation profile
51 state decisions
How this case has been cited
Cited by 51 later decisions — most recently September 2016 · most notably 447 So. 2d 199 - Willis v. State (1983), 570 So. 2d 703 - Newsome v. State (1990)
51 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 Colston v. State · Yelton v. State · 50 Ala. App. 381 - Snow v. State · Houston v. State · Elkins 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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The appellate courts look with disfavor on motions for new trial based on newly discovered evidence and the decision of the trial court will not be disturbed absent abuse of discretion. Zuck v. State, 57 Ala.App. 15 , 325 So.2d 531 . The trial court in the case at bar ordered a continuance to provide appellant with the fullest opportunity to gather any new evidence available. He heard all of the evidence and arguments of counsel and weighed the credibility of that evidence. His ruling on the motion for new trial will not be disturbed on appeal."”
3 later decisions quote this exact passage“[t]he order of proof and rebuttal testimony rest largely in the sound discretion of the trial court, and this rule applies to testimony which more properly should have been offered as part of the case in chief.”
3 later decisions quote this exact passage“"New evidence tending to prove another person committed the offense for which the accused was convicted may be grounds for a new trial. Such evidence must, however, be admissible on retrial of the cause. Houston v. State , 208 Ala. 660 , 95 So. 145 . Evidence of the guilt of another cannot be proven by a confession or statement by another that he committed the offense with which the accused was charged. Such evidence is mere hearsay. Goldsmith v. State , 232 Ala. 436 , 168 So. 547 ; Prince v. State , Ala.Cr.App., 356 So.2d 750 ." McBryar v. State , 368 So.2d 568 , 574 (Ala.Cr.App.), cert. denied, 368 So.2d 575 (Ala. 1979).”
1 later decision quote this exact passagee.g. Garrison 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.