574 So. 2d 856 - Sides v. State’s Empirical Analysis

Citation profile

16 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. “'more analogous' to the brief investigative detention authorized in Terry [v. Ohio , 392 U.S. 1 [ 88 S.Ct. 1868 , 20 L.Ed.2d 889 ] (1968) ]”

   2 later decisions quote this exact passage
   e.g. State v. Williams · 28 So. 3d 29 - Bah v. State

2. “The courts in those cases held that a harmless error finding was inappropriate because the evidence remaining after eliminating the HGN evidence was not undisputed or overwhelming, and because the jury might have given the HGN evidence undue weight because it appeared to be certain and scientific evidence rather than 'problematic factfinding.' " The majority distinguishes these two cases from this case because the evidence in this case is overwhelming that the appellant was intoxicated. I believe the majority misconstrues the holdings in Malone and Sides . In Malone , the Alabama Supreme Court stated: "The problem created by the improper admission of the HGN evidence is due to the scientific nature of the test and the disproportionate impact it might have had on the jury's decision-making process. As noted by the Court of Criminal Appeals, a jury ' "might give undue weight to [HGN] evidence since it may appear to lend the certainty of an exact discipline to problematic factfinding.”

   1 later decision quote this exact passage
   e.g. Cumbie v. City of Montgomery