398 So. 2d 780 - Wiggins v. State’s Empirical Analysis
1981
Citation profile
19 state decisions
How this case has been cited
Cited by 19 later decisions — most recently March 2013
19 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 Kissic v. State · Hunter v. State · 35 Ala. App. 111 - Anderson v. State · 52 Ala. App. 35 - Warren v. State · 40 Ala. App. 309 - McCullough 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The characterization of a witness as adverse or hostile is not dependent upon the unfavorable or `hostile' nature of his testimony, but rather upon the characterization of the nature and manner of the witness himself. Anderton v. State Ala.Cr.App. 390 So.2d 1083 , cert. denied, Ala., 390 So.2d 1087 (1980); and authorities cited therein. It is a common occurrence that a witness may partially or totally answer questions unfavorably, propounded by the party calling him. Such would not immediately create the adverse or hostile situation requisite for the party to be given the use of the tools of cross-examination. It does not create a ground of hostility if a witness does not now testify to the same statement or statements which he had previously made. See generally. R. v. Smith , 2 Crim.App. 86 (1909)." (Footnote omitted).”
2 later decisions quote this exact passage“"I charge you, members of the jury, that if you believe from the evidence that the deceased at the time of his death was under the influence of alcohol, and that as a result of being under such influence, the deceased was aggressive, or belligerent, or quarrelsome, then you should consider such facts in determining whether or not the defendant acted in self-defense in killing the deceased, as I have explained the law governing self-defense to you."”
2 later decisions quote this exact passage““The above charge has been expressly approved by our Supreme Court in Traweek v. State, Ala., 380 So.2d 958 (1979); Hunter v. State, 295 Ala. 180 , 325 So.2d 921 (1975); and Karr v. State, 100 Ala. 4 , 14 So. 851 (1893). “It is immaterial if the only evidence supporting the charge was produced by the appellant, Traweek, supra. “In determining whether a charge requested by an accused is supported by the evidence, the question on appeal is not what is our view of the evidence, but rather whether such evidence was presented. Hunter, supra. “The requested charge is not misleading, and does not place undue emphasis upon a portion of the evidence. Hunter, supra. Evidence was presented to support the appellant’s requested charge.””
1 later decision quote this exact passagee.g. Williams 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.