653 So. 2d 320 - McNair v. State’s Empirical Analysis
1992
Citation profile
1 federal appellate · 48 state decisions
How this case has been cited
Cited by 51 later decisions — most recently May 2019 · most notably McNair v. Campbell (2005), 778 So. 2d 199 - Hyde v. State (1998)
1 federal appellate · 48 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 Batson v. Kentucky · Payton v. New York · Gregg v. Georgia · Furman v. Georgia · Wainwright v. Witt
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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A trial judge has ‘broad discretion’ in excusing venire members based on sickness or personal reasons, Nolen v. State, 35 Ala.App. 249, 253 , 45 So.2d 786, 790 , cert. denied, 253 Ala. 565 , 45 So.2d 792 (1950), but that decision must not be ‘capricious or arbitrary.’ Blackmon v. State, 246 Ala. 675, 679 , 22 So.2d 29, 31 (1945). ‘It is generally held, however, that the court, in the exercise of sound discretion, may excuse a juror before he is sworn for any reason personal to such person which would make his service as a juror oppressive, or in fact for any reason which to the judge seems sufficient.’ 47 Am.Jur.2d Jury § 121 (1969) (footnotes omitted). ‘There is nothing in the insistence that it is not within the legal power of the court to excuse a juror for a cause regarded as sufficient by the court.’ Evans v. State, 209 Ala. 563, 565 , 96 So. 923, 924 (1923). ‘[O]f necessity, great discretionary power in the selection of jurors to try cases must rest with the trial judge, and appellate courts will not interfere with this discretion, so long as no abuse of power is shown.’ Baxley v. State, 18 Ala.App. 277, 279 , 90 So. 434, 435 , cert. denied, 206 Ala. 698 , 90 So. 925 (1921).””
10 later decisions quote this exact passage“"The prosecutor made numerous references to the victim's rights and several times implied that her rights were to be weighed against the appellant's. This was clearly improper. However, we think these references were valued by the jury at their true worth, as having been uttered in the heat of debate and were not expected to become factors in the formation of the verdict. See Duren v. State, 590 So.2d 360, 364 (Ala.Cr.App.1990), affirmed, 590 So.2d 369 (Ala.1991), cert. denied, 503 U.S. 974 , 112 S.Ct. 1594 , 118 L.Ed.2d 310 (1992); Bankhead v. State, 585 So.2d 97, 106 (Ala.Cr.App.1989), affirmed as to instant issue and remanded on other grounds, 585 So.2d 112 (Ala.1991) (on rehearing), affirmed on return to remand, 625 So.2d 1141 (Ala.Cr.App.1992); Harris v. State, 539 So.2d 1117, 1123 (Ala.Cr.App. 1988)."”
4 later decisions quote this exact passage“`[T]he propriety of argument of counsel to the jury depends upon the particular issues, fact, and atmosphere of each case.'”
3 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.