452 So. 2d 897 - Lowery v. State’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'To establish a sufficient predicate for admission into evidence it must be shown that there was no break in the chain of custody. . . . Identification and continuity of possession must be sufficiently established to afford ample assurance of the authenticity of the item.' Ex parte Yarber , 375 So.2d 1231 , 1234 (Ala. 1979). . . . 'The requirement of proper proof of custody finds its origin in the opportunities for tampering, contamination, and error, which arise when possession of a specimen cannot be accounted for at all times.' A. Moenssens F. Inbau, Scientific Evidence In Criminal Cases , 342 (2d ed. 1978). 'The purpose in establishing a chain of custody is to show a reasonable probability that the [evidence] was not tampered with.' Bell v. State , 339 So.2d 96 , 98 (Ala.Cr.App. 1976). 'To warrant the reception of an object in evidence against an objection that an unbroken chain of custody has not been shown, it is not necessary that it be proved to an absolute certainty, but only to a reasonable probability, that the object is the same as, and not substantially different from, the object as it existed at the commencement of the chain.' Sexton v. State , 346 So.2d 1177 , 1180 (Ala. Cr. App), cert. denied, Ex parte Sexton , 346 So.2d 1180 (Ala. 1977).”

   2 later decisions quote this exact passage
   e.g. 562 So. 2d 305 - Laws v. State · 496 So. 2d 109 - Tidwell v. State

2. “an accounting was made of each successive step in the handling of the evidence.”

   2 later decisions quote this exact passage
   e.g. 494 So. 2d 124 - Magwood v. State · 488 So. 2d 27 - Moore v. State

3. “certified copies of court documents were introduced to prove the prior convictions”

   1 later decision quote this exact passage
   e.g. 520 So. 2d 195 - Brooks v. State