53 Ala. App. 460 - Edson v. State’s Empirical Analysis

Citation profile

63 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 63 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"It is both the duty and the right of counsel to present the case of his client, whether it be the state or a defendant, as fully and forcibly as the evidence, its tendencies and the inferences therefrom may justify. Within these limits, the widest range of discussions should be accorded. Childress v. State, 86 Ala. 77 , 5 So. 775 [(1889)]. "`The rule in this state is well established and has been often cited. It is as follows: "The statement must be made as of fact; the fact stated must be unsupported by any evidence, must be pertinent to the issue, or its natural tendency must be to influence the finding of the jury ..." This is the law as stated in Cross v. State, 68 Ala. 476 [ (1881) ]. This rule was then elucidated for us in other language found in the Cross case when the court said, "Every fact the testimony tends to prove, every inference counsel may think arises out of the testimony, the credibility of the witnesses, as shown by their manner, the reasonableness of their story, their intelligence, means of knowledge, and many other considerations, are legitimate subjects of criticism and discussion. So, the conduct of the accused, his conversation (if in evidence), may be made the predicate of inferences, favorable or unfavorable.'"”

   2 later decisions quote this exact passage · from the majority
   e.g. 348 So. 2d 1126 - Summers v. State · 698 So. 2d 1100 - Gaddy v. State

2. “"It is both the duty and the right of counsel to present the case of his client, whether it be the State or a defendant, as fully and forcibly as the evidence, its tendencies and the inferences therefrom may justify. Within these limits, the widest range of discussion should be accorded." "The rule in this State is well established and has often been cited. It is as follows: `The statement must be made as a fact; the fact stated must be unsupported by any evidence, must be pertinent to the issue or its natural tendency must be to influence the finding of the jury . ." (Emphasis in the original).”

   2 later decisions quote this exact passage · from the majority
   e.g. 348 So. 2d 1126 - Summers v. State · 698 So. 2d 1100 - Gaddy v. State

3. “The rule in this State is well established and has often been cited. It is as follows: `The statement must be made as a fact; the fact stated must be unsupported by any evidence, must be pertinent to the issue or its natural tendency must be to influence the finding of the jury . .”

   2 later decisions quote this exact passage · from the majority
   e.g. 348 So. 2d 1126 - Summers v. State · 698 So. 2d 1100 - Gaddy v. State