417 So. 2d 602 - Brackin v. State’s Empirical Analysis
1982
Citation profile
17 state decisions
How this case has been cited
Cited by 17 later decisions — most recently July 2013
17 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 Day v. State · 378 So. 2d 1173 - Turner v. State · Rowe v. State · 42 Ala. App. 439 - Green v. State · Boswell 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“" '[E]xpert witnesses, even physicians, cannot testify to the opinions of others in giving their opinions.' Carroll v. State , 370 So.2d 749 , 758 (Ala.Cr.App.), cert. denied, 370 So.2d 761 (Ala. 1979). " 'The traditional rule in this country has been that an expert, in giving his opinion, cannot rely upon the opinion of others. The basis for this rule of exclusion has been that such testimony is based upon what others have said, and, consequently, constitutes hearsay. In light of this rule a physician-witness' testimony to his opinion with respect to the condition of his patient may not be supported by testimony by such witness that certain opinions or reports of radiologists, concerning the patient had been made to him by other physicians.' "”
4 later decisions quote this exact passage“"There is a trend toward the admission of an expert's opinion based partly on medical, psychological, or hospital reports not in evidence if the reports are of a type customarily relied upon by the expert in the practice of his profession. Annot., 55 A.L.R.3d 551 (1974). However, this trend has not been followed by the courts of this state. This is in accord with the general and traditional rule. [See] 31 Am.Jur.2d Expert and Opinion Evidence, Section 86 (1967)."”
2 later decisions quote this exact passage“A trial judge may explain to the jury the legal terms involved in his instructions where his explanation does not qualify, limit, or modify them.”
2 later decisions 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.