Fain v. State’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Under Rule 45, A.R.App.P., no conviction may be reversed on the ground of the improper admission or rejection of evidence unless, in the opinion of the appellate court, it appears that the error complained of has `probably injuriously affected substantial rights' of the appellant. The appellant must not only show error in the admission or rejection of evidence, but must also demonstrate that such error was probably injurious. Wilson v. State, 520 So.2d 205 (Ala.Cr.App.1988); Kennedy v. State, 291 Ala. 62 , 277 So.2d 878 (1973). In interpreting Rule 45, the Alabama Supreme Court has stated, `[T]he proper inquiry here is not whether evidence of the defendant's guilt is overwhelming, but, instead, whether a substantial right of the defendant has or probably has been adversely affected.' Ex parte Johnson, 507 So.2d 1351, 1356 (Ala.1986). See also Tell v. State, 285 Ala. 234 , 231 So.2d 107 (1970). The standard for reviewing the introduction of illegal evidence is not whether the evidence did influence the jury in arriving at the verdict, but whether it might have influenced the jury in arriving at the verdict. Wilson v. State ; Ex parte Ward, 497 So.2d 575 (Ala.1986)."”

   1 later decision quote this exact passage
   e.g. 659 So. 2d 931 - Knight v. State