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← 524 SO2D 375 - McNeely v. State

McNeely v. State’s Empirical Analysis

1988

Citation profile

13
cited by 13 later decisions
1
states following
September 2011
most recently cited

13 state decisions

How this case has been cited

Cited by 13 later decisions — most recently September 2011

13 state decisions

901988199020002010decided

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 Strickland v. Washington · Brady v. State of Maryland · United States v. Agurs · Mooney v. Holohan · 362 So. 2d 836 - Ott v. Fox

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

  1. “" 'Each case of allegedly improper remarks by a trial judge must be judged on its own peculiar facts. Oglen v. State , 440 So.2d 1172 , 1175-76 (Ala.Cr.App.), cert. denied, Ex parte Oglen , 440 So.2d 1177 (Ala. 1983); James v. State , 337 So.2d 1332 , 1341 (Ala.Cr.App. 1976).' Gamble v. State , 480 So.2d 38 , 40 (Ala.Cr.App. 1985). Even if a trial judge's statements are erroneous, ' "[i]t cannot be seriously contended that every expression of opinion by the court, during the progress of the trial, . . . shall furnish ground for reversal." Lang v. State , 279 Ala. 169 , 170 , 182 So.2d 899 (1966).' Gamble v. State , supra, at 40. ' "Remarks by the trial judge may be open to criticism, but they are not error unless they have affected the result of the trial." ' Towns v. State , 494 So.2d 798 , 800 (Ala.Cr.App. 1986), quoting Cox v. State , 489 So.2d 612 (Ala.Cr.App. 1985). See also McCovery v. State , 365 So.2d 358 (Ala.Cr.App. 1978)."”
    4 later decisions quote this exact passage
  2. “[i]t cannot be seriously contended that every expression of opinion by the court, during the progress of the trial, . . . shall furnish ground for reversal.”
    2 later decisions quote this exact passage
  3. “Each case of allegedly improper remarks by a trial judge must be judged on its own peculiar facts.”
    2 later decisions quote this exact passage

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.