51 Ala. App. 362 - Parker v. State’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Appellant also argues that the trial court committed reversible error in allowing the State to read into evidence the testimony of Lucy Meriweather from the prior trial. Appellant claims this was reversible error because he chose, for tactical reasons, not to cross-examine the witness in the first trial and was thereby prevented from doing so in the second trial. "This point is discussed in Wyatt v. State , 35 Ala. App. 147 , 46 So.2d 837 , cert. den., 254 Ala. 74 , 46 So.2d 847 , where the court stated: "`The testimony of a witness at a former trial is admissible in a second trial when at the time the witness is dead, under disability, is permanently absent from the State, or becomes unavailable by reason of claim of privilege at the second trial. . .. "`Opportunity to exercise the right of cross examination, and not the actual exercise of the right, is sufficient. One's failure to exercise the right does not furnish grounds to exclude the former testimony. Long v. Davis , 18 Ala. 801 ; Percy *Page 1330 v. State , 125 Ala. 52 , 27 So. 844 ; Wigmore, supra.' "Appellant had the opportunity to cross-examine the witness at the first trial and he cannot now complain because of his failure to do so."”

   2 later decisions quote this exact passage
   e.g. 450 So. 2d 1102 - Trahan v. State · 437 So. 2d 1319 - Yarber v. State

2. “Appellant had the opportunity to cross-examine the witness at the first trial and he cannot now complain because of his failure to do so.”

   1 later decision quote this exact passage
   e.g. 437 So. 2d 1319 - Yarber v. State