409 So. 2d 461 - Donner v. State’s Empirical Analysis
1981
Citation profile
11 state decisions
Relationships
Relies on 397 So. 2d 203 - Hurst v. State · 346 So. 2d 1177 - Sexton v. State · 42 Ala. App. 618 - Carpenter v. State · 360 So. 2d 358 - Waters v. State · 402 So. 2d 1106 - Mauldin 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"As a general rule, photographs are admissible in evidence if they are properly verified either by the photographer or a person who is familiar with the subject of the photograph and if they tend to prove or disprove some disputed or material issue, to illustrate or elucidate some other relevant fact or evidence, or to corroborate or disprove some other evidence offered or to be offered. Photographs may be admitted if they tend to shed light on, strengthen, or to illustrate other testimony in the case. Carpenter v. State , Ala.Cr.App., 400 So.2d 417 , cert. denied, Ala., 400 So.2d 427 (1981); Hurst v. State , [Ala.Cr.App.] 397 So.2d 203 , cert. denied, Ala., 397 So.2d 208 (1981); Gamble, McElroy's Alabama Evidence § 123.03 (1), (3rd ed. 1977). "It is within the trial court's discretion to determine the sufficiency of preliminary proof offered to identify photographs and to show that they fairly and accurately represent what they purport to be. Only when its exercise is abusive will such be overturned. Carpenter , supra; Hurst , supra; McElroy , § 123.03 (2). Donner v. State , 409 So.2d 461 , 464 (Ala.Cr.App. 1981)."”
4 later decisions quote this exact passagee.g. Snell v. State · Mims v. State“"Photographs are not rendered inadmissible when conditions have changed and are not exactly the same as they were at the time when the incident occurred when the differences are immaterial and sufficiently explained to the jury. Such goes to the weight of the evidence, rather than its admissibility."”
4 later decisions quote this exact passagee.g. Snell v. State · Jennings v. State“"To warrant the reception of an object in evidence against an objection that an unbroken chain of custody has not been shown, it is not necessary that it be proved to an absolute certainty but only to a reasonable probability, that the object is the same as, and not substantially different from, the object as it existed at the commencement of the chain."”
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.