Ex Parte Tomlin’s Empirical Analysis
1988
Citation profile
25 state decisions
How this case has been cited
Cited by 25 later decisions — most recently December 2017 · most notably Sockwell v. State (1993), Hunt v. State (2005)
25 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 Strickland v. Washington · Bruton v. United States · United States v. Frady · Beck v. Alabama · Brown v. United States
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We need not decide whether either of the two errors, standing alone, would require a reversal; we hold that the cumulative effect of the errors probably adversely affected the substantial rights of the defendant and seriously affected the fairness and integrity of the judicial proceedings. See Blue v. State , 246 Ala. 73 , 80 , 19 So.2d 11 , 16-17 (1944); Jetton v. State , 435 So.2d 167 (Ala.Crim.App. 1983).”
3 later decisions quote this exact passage · from the majoritye.g. Ex Parte Woods · Ex Parte Ferguson““At common law one spouse was incompetent to testify either for or against the other. Holyfield v. State, 365 So.2d 108 (Ala.Crim.App.), cert. denied, 365 So.2d 112 (Ala.1978). Code 1975, § 12-21-227, has modified the common law by providing that a spouse may elect to so testify. The spouse becomes competent only after he or she has elected to testify. See, Arnold v. State, 353 So.2d 524 (Ala.1977); Holyfield v. State, 365 So.2d 108 (Ala.Crim.App.), cert. denied, 365 So.2d 112 (Ala.1978). Therefore, it is error for the prosecutor to draw an adverse inference from a defendant’s failure to call his or her spouse. Ex parte Billingsley, 402 So.2d 1060 (Ala. 1981). See Ferry v. State, 161 Ga.App. 795 , 287 S.E.2d 732 (1982); Turnage v. State, 216 Miss. 813 , 63 So.2d 220 (1953); State v. Thompson, 290 N.C. 431 , 226 S.E.2d 487 (1976).””
1 later decision quote this exact passage · from the majoritye.g. Oddo 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.