44 Ala. App. 271 - Winn v. State’s Empirical Analysis
1968
Citation profile
20 state decisions
How this case has been cited
Cited by 20 later decisions — most recently July 2015
20 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 Duncan v. State · Batson v. State Ex Rel. Davis · Sanders v. State · 25 Ala. App. 297 - Smith v. State · 39 Ala. App. 257 - Ray 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.
“"`But very many things occur in the trial of such causes of which no record need be made, and yet they require affirmative action of the court, or of some ministerial officer. Ascertaining the qualifications of jurors is an example of this class of judicial questions. . . . When the record is silent on questions of these classes, this court presumes the trial court and its officers did their duty.'" [Emphasis in original.] Winn v. State , 44 Ala. App. 271 , 207 So.2d 138 (1968), quoting Washington v. State , 81 Ala. 35 , 1 So. 18 (1887).”
2 later decisions quote this exact passage““It is not necessary that the record show that counsel was given the opportunity to examine the jurors prior to empaneling. James v. State, 53 Ala. 380 ; Washington v. State, supra; Batson v. State, supra. We conclude therefore that, if counsel would question the jurors’ qualifications, he must do so prior to the empaneling and swearing in of the jury; and that failure to exercise this right or make a timely objection waives his right to question the jury’s qualifications and appellant cannot complain on motion for a new trial.””
1 later decision quote this exact passage““It is the duty of the court, before administering the oath prescribed by law to any grand, petit, or tales jurors, to ascertain that such juror possesses the qualifications required by law; and the duty required of the court by this section shall be considered imperative.””
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.