549 So. 2d 640 - Gillespie v. State’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “' "It is unprofessional conduct to ask a question which implies the existence of a factual predicate which the examiner knows he cannot support by the evidence.”

   3 later decisions quote this exact passage
   e.g. 620 So. 2d 122 - Covington v. State · 585 So. 2d 142 - Hooper v. State

2. “`a real and open issue as to one or more of those”

   2 later decisions quote this exact passage
   e.g. Register v. State · 886 So. 2d 105 - Draper v. State

3. ““The rule regarding admissibility of prior misconduct by a criminal defendant has been well stated in C. Gamble, McElroy’s Alabama Evidence § 69.01(1) (3rd ed.1977): “ ‘This is a general exclusionary rule which prevents the introduction of [collateral] criminal acts for the sole purpose of suggesting that the accused is more likely to be guilty of the crime in question. This rule is generally applicable whether the other crime was committed before or after the one for which the defendant is presently being tried. “ ‘This exclusionary rule is simply an application of the character rule which forbids the state to prove the accused’s bad character by particular deeds. The basis for the rule lies in the belief that the prejudicial effect of [collateral] crimes will far outweigh any probative value that might be gained from them. Most agree that such evidence of [collaterál] crimes has almost an irreversible impact upon the minds of the jurors.’ ””

   1 later decision quote this exact passage
   e.g. 168 So. 3d 90 - R.C.W. v. State