Public-domain · open source
OpenJurist
← 44 Ala. App. 648 - Brandies v. State

44 Ala. App. 648 - Brandies v. State’s Empirical Analysis

1968

Citation profile

33
cited by 33 later decisions
3
states following
November 1983
most recently cited

33 state decisions

How this case has been cited

Cited by 33 later decisions — most recently November 1983 · most notably 53 Ala. App. 330 - Funches v. State (1974), 46 Ala. App. 118 - Oliver v. State (1970)

33 state decisions

230196819701980decided

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 Mapp v. Ohio · Aguilar v. Texas · Jones v. United States · Giordenello v. United States · Clenney 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““Aside from this aspect we would point out that our comment on the search warrant, strictly speaking, was not ratio decidendi. Rather it was a mere pronouncement by way of gratuitous dictum, advisory in nature. This because a ruling on this point was not necessary to dispose of this appeal. “Should the State consider that we will ultimately be held to be wrong by the Supreme Court of Alabama, as to the meaning of § 103, supra, then if Brandies is reindicted and tried, it is true that we in strict analysis have not positively ruled. However, as of now, we think that we have given the proper construction to our statute.””
    1 later decision quote this exact passage
  2. ““The rule seems to be that the magistrate must have sufficient evidence to support a finding of probable cause. Apparently, it is not necessary that all the evidence before the magistrate shall be stated in the affidavit, but, since the Court of Appeals holds the affidavit insufficient on its face, we limit consideration to matters stated in the affidavit.””
    1 later decision quote this exact passage
  3. ““It can hardly be imagined that our legislature intended that a court reporter be summoned to record and transcribe in deposition form the witnesses’ testimony. The manifest intent is that the testimony be taken under oath and reduced to writing, and that the written statement be signed by the party making it.””
    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.