466 So. 2d 1037 - Weaver v. State’s Empirical Analysis
1985
Citation profile
10 state decisions
How this case has been cited
Cited by 10 later decisions — most recently July 2017
10 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 Dunn v. State · 414 So. 2d 993 - Ex Parte Allen · 389 So. 2d 556 - Favor v. State · 390 So. 2d 1083 - Anderton v. State · 445 So. 2d 958 - Wyllie 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘The characterization of a witness as adverse or hostile is not dependent upon the unfavorable or “hostile” nature of his testimony, but rather upon the characterization of the nature and manner of the witness himself. Anderton v. State Ala.Cr.App. 390 So.2d 1083 , cert. denied, Ala., 390 So.2d 1087 (1980); and authorities cited therein. It is a common occurrence that a witness may partially or totally answer questions unfavorably, propounded by the party calling him. Such would not immediately create the adverse or hostile situation requisite for the party to be given the use of the tools of cross-examination. It does not create a ground of hostility if a witness does not now testify to the same statement or statements which he had previously made. See generally, R. v. Smith, 2 Crim.App. 86 (1909).’ (Footnote omitted). “Wiggins[ v. State, 398 So.2d 780, 782 (Ala.Crim.App.1981)]. “We hold that the trial judge properly allowed the State to impeach Payne by using her prior inconsistent statement. There is no doubt in this court’s mind that Payne was a hostile witness. The determination of hostility did not result solely from her unfavorable testimony to the State but from her obvious bias for the appellant. Payne was the appellant’s girlfriend and lived with him at the time of the trial just as she had for some time. Because of this relationship, Payne was clearly inclined to testify falsely against the State and in favor of the appellant. Therefore, the Adverse Witness rule ”
1 later decision quote this exact passage“There must be some evidence before the trial judge which would allow him to determine that the witness is, in fact, hostile, before he can deem the witness as such.”
1 later decision quote this exact passage“[A]ccording to the Adverse Witness Rule, a party may impeach his own witness if the trial judge determines that witness to be 'adverse.'”
1 later decision quote this exact passagee.g. Sexton 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.