435 So. 2d 202 - Smiley v. State’s Empirical Analysis

1983

Citation profile

cited by 20 later decisions

states following

February 1999

most recently cited

20 state decisions

Relationships

Relies on 54 Ala. App. 491 - Bowens v. State · United States of America Ex Rel. Arthur Jackson v. David N. Myers, Superintendent, State Correctional Institution, Graterford, Pennsylvania · 370 So. 2d 1075 - Meredith v. State · 389 So. 2d 961 - Watson v. State · 50 Ala. App. 115 - Scopolites 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

“' "It is clear to this court that the report is entirely consistent with Alabama's capital murder statute regarding evidence to be considered in sentencing. Section 13A-5-45 (b), Code states, '[a]ny evidence which has probative value and is relevant to sentence shall be received at the sentence hearing regardless of its admissibility under the exclusionary rules of evidence, provided the defendant is accorded a fair opportunity to rebut any hearsay statements.”
3 later decisions quote this exact passage
e.g. 628 So. 2d 988 - Coral v. State · 612 So. 2d 520 - Hart v. State
“`[e]vidence of sexual activity between the complaining witness and third persons . . . immaterial and irrelevant.'”
3 later decisions quote this exact passage
e.g. 730 So. 2d 138 - Ex Parte Dennis · 516 So. 2d 907 - McGilberry v. State
“(b) In any prosecution for criminal sexual conduct or for assault with intent to commit, attempt to commit or conspiracy to commit criminal sexual conduct, evidence relating to the past sexual behavior of the complaining witness, as defined in subsection (a) of this section, shall not be admissible, either as direct evidence or on cross-examination of the complaining *Page 396 witness or of other witnesses, except as otherwise provided in this section. "(c) In any prosecution for criminal sexual conduct, evidence relating to the past sexual behavior of the complaining witness shall be introduced if the court, following the procedure described in subsection (d) of this section, finds that such past sexual behavior directly involved the participation of the accused.”
1 later decision quote this exact passage
e.g. 451 So. 2d 394 - Darrow 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.