448 So. 2d 435 - Wysinger v. State’s Empirical Analysis

Citation profile

1 federal appellate · 60 state decisions

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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'It is unprofessional conduct to ask a question which implies the existence of a factual predicate which the examiner knows he cannot support by the evidence.' Young v. State , 363 So.2d 1007 , 1012 (Ala.Crim.App. 1978); Bezotte v. State , 358 So.2d 521 , 525 (Ala.Crim.App. 1978). . . . "Laying prejudicial allegations before the jury 'by dint of cross-examination without being prepared to prove them is generally regarded as reversible error.' United States v. Brown , 519 F.2d 1368 , 1370 (6th Cir. 1975). It is improper for the prosecutor 'to ask a question which implies a factual predicate which the examiner knows he cannot support by evidence or for which he has no reason to believe that there is a foundation of truth.' United States v. Harris , 542 F.2d 1283 , 1307 (7th Cir. 1976); 6 J. Wigmore, Evidence Section 1808 (Chadbourn rev. 1976).”

   4 later decisions quote this exact passage
   e.g. Wilkerson v. State · 469 So. 2d 702 - Neely v. State

2. “' "It is unprofessional conduct to ask a question which implies the existence of a factual predicate which the examiner knows he cannot support by the evidence.”

   2 later decisions quote this exact passage
   e.g. Wilkerson v. State · 585 So. 2d 142 - Hooper v. State

3. “`In reviewing allegedly improper prosecutorial comments, conduct, and questioning of witnesses”

   2 later decisions quote this exact passage
   e.g. Bryant v. State · 462 So. 2d 972 - Leverett v. State