460 So. 2d 331 - Henderson v. State’s Empirical Analysis
1984
Citation profile
19 state decisions
How this case has been cited
Cited by 19 later decisions — most recently November 2010
19 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 Swansboro Country, Inc. v. Lumberman's Mortgage Co. · Union Labor Life Insurance v. Pireno · Dunn v. State · 414 So. 2d 993 - Ex Parte Allen · Garrett 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“" '. . . "[I]t must be examined in its context and in light of what had transpired, that is, in light of preceding argument of defense counsel, to which the prosecutor's argument was an answer." Washington v. State , 259 Ala. 104 , 65 So.2d 704 (1953); Gibson v. State , 347 So.2d 576 (Ala.Crim.App. 1977); Rutledge v. State [ 482 So.2d 1250 ] [Ms. 5 Div. 610 , August 16, 1983] (Ala.Crim.App. 1983). The rule in Alabama is that "remarks or comments of the prosecuting attorney, including those which might otherwise be improper, are not grounds for reversal when they are invited, provoked, or occasioned by accused's counsel and are in reply to or retaliation for his acts and statements." Shewbart v. State , 33 Ala. App. 195 , 32 So.2d 241 , cert. denied, 249 Ala. 572 , 32 So.2d 244 (1947); Camper v. State , 384 So.2d 637 (Ala.Cr.App. 1980); Wilder v. State , 401 So.2d 167 (Ala. 1981), cert. denied, 454 U.S. 1057 , 102 S.Ct. 606 , 70 L.Ed.2d 595 (1981); Miller v. State , 431 So.2d 586 (Ala.Crim.App. 1983); Rutledge , supra.' "”
6 later decisions quote this exact passage“[C]ontrol of closing arguments rests in the broad discretion of the trial judge and where no abuse of discretion is found, there is no error. [Citations omitted.] The trial judge can best determine when discussion by counsel is legitimate and when it degenerates into abuse.”
1 later decision quote this exact passage“[t]he trial judge can best determine when discussion by counsel is legitimate and when it degenerates into abuse. Garrett v. State, 268 Ala. 299 , 105 So.2d 541 (1958); Hurst v. State, 397 So.2d 203 (Ala.Crim.App.), cert. denied, 397 So.2d 208 (Ala.1981).”
1 later decision quote this exact passagee.g. Henderson 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.