48 Ala. App. 401 - Payne v. State’s Empirical Analysis
1972
Citation profile
86 state decisions
How this case has been cited
Cited by 91 later decisions — most recently October 2020 · most notably 573 So. 2d 657 - Turner v. State (1990), 54 Ala. App. 254 - Hurst v. State (1974)
86 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 United States v. Wade · Stovall v. Denno · Witherspoon v. Illinois · Gilbert v. California · Bumper v. North Carolina
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 91 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“" 'In the absence of evidence tending to show both that the appellant was in actual or apparent imminent peril and that he was unable to retreat, it is assumed that he was not in such peril and that he was able to retreat. It necessarily follows that the accused has the burden of producing evidence warranting both of such findings and that the discharge of that burden is one of the conditions precedent to his claim of self-defense submitted to the jury. Naugher v. State , 105 Ala. 26 , 17 So. 24 ; Cosby v. State , 269 Ala. 501 , 114 So.2d 250 .' " Payne v. State , 48 Ala. App. 401 , 406-07 , 265 So.2d 185 , 190 , cert. denied, 288 Ala. 748 , 265 So.2d 192 , cert. denied, 409 U.S. 1079 , 93 S.Ct. 703 , 34 L.Ed.2d 669 (1972)."”
2 later decisions quote this exact passage““There is no prohibition against viewing a suspect alone particularly when this occurs near the time of the alleged criminal act. Bates v. United States, 132 U.S.App.D.C. 36 , 405 F.2d 1104 . Russell v. United States, 133 U.S.App.D.C. 77 , 408 F.2d 1280 cert. denied, 395 U.S. 928 , 89 S.Ct. 1786 , 23 L.Ed.2d 245 . We conclude that this confrontation was not so unnecessarily suggestive and conducive to mistaken identification as to deny appellant due process of law.””
1 later decision quote this exact passagee.g. Doss v. State“If the undisputed evidence fails to establish one of these conditions, or there is no evidence warranting the findings of these conditions, the accused is not entitled to have his claim of self-defense submitted to the jury.”
1 later decision quote this exact passagee.g. Owen 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.