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← 575 So. 2d 611 - Marks v. State

575 So. 2d 611 - Marks v. State’s Empirical Analysis

1991

Citation profile

24
cited by 24 later decisions
1
states following
September 2015
most recently cited

24 state decisions

How this case has been cited

Cited by 24 later decisions — most recently September 2015

24 state decisions

150199120002010decided

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 Illinois v. Gates · United States v. Ventresca · Gregory Lumber Co. v. United States · Morrison v. Olson · Federal Energy Regulatory Commission v. Martin Exploration Management Co.

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

  1. “"[T]he duty of a reviewing court is simply to ensure that the magistrate had a `substantial basis for . . . conclud[ing]' that probable cause existed.'"”
    9 later decisions quote this exact passage
  2. “"(1) that the evidence will probably change the result if a new trial is granted; (2) that the evidence has been discovered since the trial; (3) that the evidence could not have been discovered before the trial by the exercise of due diligence; (4) that it is material to the issue [of the appellant's guilt]; and (5) that it is not merely cumulative or impeaching."”
    4 later decisions quote this exact passage
  3. “"The administration of the oath to a petit jury is a statutory requirement under § 12-16-170 , Code of Alabama 1975. Numerous Alabama cases indicate that a presumption that the jury was sworn cannot be made from a silent record. See e.g., Porter v. State , 520 So.2d 235 , 237 (Ala.Cr. App. 1987); Wilson v. State , 57 Ala.App. 591 , 329 So.2d 649 , 649 (1976); Whitehurst v. State , 51 Ala.App. 613 , 288 So.2d 152 , cert. denied, 292 Ala. 758 , 288 So.2d 160 (1973). `There must be some affirmative showing in the record that the oath to the jury was administered.' Porter v. State , 520 So.2d at 237 (citing Gardner v. State , 48 Ala. 263 (1872)). An unsworn jury is a non-jury. Wilson v. State , 329 So.2d at 649 ."”
    2 later decisions quote this exact passage

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.