606 So. 2d 177 - Garner v. State’s Empirical Analysis
1992
Citation profile
14 state decisions
How this case has been cited
Cited by 14 later decisions — most recently March 2013
14 state decisions
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 Hullum v. United States · Radke v. State · United States v. Davis · 366 So. 2d 740 - Temple v. State · 335 So. 2d 663 - Johnson v. State
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[T]his court in Thomas v. State, 473 So.2d 627 (Ala.Cr.App.1985), stated the general rule when the prosecution calls an accomplice or another witness to testify for the State, knowing the witness will invoke the Fifth Amendment. “ ‘ “It is error for the prosecution to call an accomplice or another witness to testify for the state if he knows the witness will invoke the Fifth Amendment.” N. Chiarkas, Alabama Criminal Trial Practice 219 (1981). See Busby v. State, 412 So.2d 837 (Ala.Cr.App.1982); Shockley v. State, 335 So.2d 659 (Ala.Cr.App.1975), affirmed, 335 So.2d 663 (Ala.1976); Allison v. State, 331 So.2d 748 (Ala.Cr.App.), cert. denied, 331 So.2d 751 (Ala.1976). “ ‘The general rule is stated in Annot., 19 A.L.R.4th 368 , 373 (1983): “ ‘ “[I]t is improper for the prosecution to call as a witness one whom it knows will certainly invoke the privilege against testifying on the ground of self-incrimination, with the sole purpose or design of having the jury observe that invocation. Obviously, it is difficult to demonstrate that the prosecution had this sole purpose or design, and it would be necessary, in any event, to demonstrate prejudice to the accused in order to effect the reversal of a conviction.” ’ “Thomas, 473 So.2d 627, 629-30 .””
1 later decision quote this exact passage“. “The tactic of defense counsel was to in effect have the jury draw an inference of guilt from Alexander’s exercise of the right against self-incrimination. Alexander’s testimony was properly excluded in that it ‘would have had no bearing on the case’ nor would it have ‘enlightened the jury as to any material aspect in the case.’ Hurst [v. State,] 397 So.2d [203] at 207 [ (Ala.Crim.App.1981) ]. The trial court’s exclusion of this witness’s testimony was, therefore, proper.””
1 later decision quote this exact passagee.g. Boyle v. State“bears any logical relationship to the ultimate inference for which it is offered.”
1 later decision quote this exact passagee.g. Ex Parte Jackson
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.