Tolbert v. State’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'The establishment of a chain of custody is needed to show a reasonable [probability] that evidence has not been tampered with or altered. Smith *Page 1248 v. State , 446 So.2d 68 (Ala.Crim.App. 1984); Tate v. State , 435 So.2d 190 (Ala.Crim.App. 1983). However, it is not necessary to prove to an absolute certainty, but only to a reasonable probability, that the object is the same as, and not substantially different from, the object at the commencement of the chain. Slaughter v. State , 411 So.2d 819 (Ala.Crim.App. 1981), cert. denied, 411 So.2d 819 (Ala. 1982). See also, Mauldin v. State , 402 So.2d 1106 (Ala.Crim.App. 1981); Sexton v. State , 346 So.2d 1177 (Ala.Crim.App.), cert. denied, 346 So.2d 1180 (Ala. 1977). Moreover, where a weak link in the chain of custody is said to exist, it presents a question of the credit and weight to be afforded the evidence rather than the admissibility of the item. Williams v. State , 375 So.2d 1257 (Ala.Crim.App.), cert. denied, 375 So.2d 1271 (Ala. 1979).' " " Sommer v. State , 489 So.2d 643 , 645 (Ala.Cr.App. 1986).”

   1 later decision quote this exact passage
   e.g. 587 So. 2d 1243 - Strother v. State

2. ““ ‘The general rule is that “absent some evidence of actual partiality, a juror is not disqualified merely because he previously sat in a similar case arising out of a separate and distinct set of circumstances even though the offenses charged in the cases are similar and some of the same prosecution witnesses testify in each case.” It is not a ground for challenge for cause in a drug prosecution that a juror had served on the previous day on a case involving a similar charge in which the same undercover officer had testified as a witness for the State.’ ””

   1 later decision quote this exact passage
   e.g. Thomas v. State

3. “the need to establish a chain of custody”

   1 later decision quote this exact passage · from the concurrence
   e.g. Jackson v. State