470 So. 2d 1343 - Fleming v. State’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “`The evidence need not negate the most remote possibility of substitution, alteration or tampering with the evidence, but rather must prove to a reasonable probability that the item is the same as, and not substantially different from the object as it existed at the beginning of the chain.'”

   3 later decisions quote this exact passage
   e.g. Armstrong v. State · 533 So. 2d 645 - Carlisle v. State

2. “The determination of whether a witness is qualified to testify as an expert is largely within the sound discretion of the trial court. Charles v. State , 424 So.2d 715 (Ala.Crim.App. 1982).”

   2 later decisions quote this exact passage
   e.g. 667 So. 2d 105 - Johnson v. State · 507 So. 2d 1030 - McCord v. State

3. ““A motion for a mistrial implies a miscarriage of justice and should only be granted where it is apparent that justice cannot be afforded. [Citation omitted.] A trial judge is allowed broad discretion in determining whether a mistrial should be declared, because he is in the best position to observe the scenario, to determine its effect upon the jury, and to determine whether the mistrial should be granted. [Citations omitted.] “The granting of a mistrial is an extreme measure, and a mistrial should be denied where the prejudicial qualities of the comment can be eradicated by the action of the trial court.” [Citations omitted.]”

   1 later decision quote this exact passage
   e.g. Sides v. State