680 So. 2d 879 - Slaton v. State’s Empirical Analysis

Citation profile

42 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “`A party cannot assume inconsistent positions in the trial and appellate courts and, as a general rule, will not be permitted to allege an error in the trial court proceedings which was invited by him or was a natural consequence of his own actions.'”

   5 later decisions quote this exact passage · from the concurrence
   e.g. 811 So. 2d 557 - Burgess v. State · 889 So. 2d 623 - Lewis v. State

2. “"`"The purpose for requiring that the chain of custody be shown is to establish to a reasonable probability that there has been no tampering with the evidence." Ex parte Jones , 592 So.2d 210 , 212 (Ala. 1991); Harrell v. State , 608 So.2d 434 , 437 (Ala.Cr.App. 1992); Smith v. State , 583 So.2d 990 (Ala.Cr.App. 1991), cert. denied, 583 So.2d 993 (Ala. 1991). Moreover, the evidence need not negate the remotest possibility of substitution, alteration, or tampering, but instead must prove to a reasonable probability that the item is the same as it was at the beginning of the chain. Harrell , at 437; Ex parte Williams , 548 So.2d 518 (Ala. 1989). Evidence has been held correctly admitted even when the chain of custody has a weak or missing link. Gordon v. State , 587 So.2d 427 , 433 (Ala.Cr.App. 1990), rev'd, 587 So.2d 435 (Ala.Cr.App.), appeal after remand, 591 So.2d at 149 (Ala.Cr.App. 1991); Shute v. State , 469 So.2d 670 , 674 (Ala.Cr.App. 1984). In Gordon , this court held that because there was no evidence that the victim's body had been tampered with in any way, sufficient chain of custody had been established. Gordon , 587 So.2d at 433.'"”

   3 later decisions quote this exact passage · from the concurrence
   e.g. 898 So. 2d 790 - Lee v. State · 771 So. 2d 1070 - Loggins v. State

3. “"The United States Supreme Court has held that police officers must inform people of their constitutional rights before beginning custodial interrogations. Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). Included in the right to remain silent is a right to cut off questioning. Miranda, 384 U.S. at 474 , 86 S.Ct. at 1628 . When a defendant invokes his right to remain silent, that request must be `scrupulously honored.' Michigan v. Mosley, 423 U.S. 96 , 96 S.Ct. 321 , 46 L.Ed.2d 313 (1975). "This court recently stated that whether someone has invoked his right to remain silent is determined on a case-by-case basis. "`Whether there was a waiver of the right to remain silent and the right to counsel and whether the confession was knowingly, voluntarily, and intelligently made must be decided from the particular facts and circumstances of each case, including the background, experience, and conduct of the accused —the totality of the circumstances.' " Holmes v. State, 598 So.2d 24, 26 (Ala. Crim.App.1992); see also Thomas v. State, 373 So.2d 1167 (Ala.1979), vacated on other grounds, 448 U.S. 903 , 100 S.Ct. 3043 , 65 L.Ed.2d 1133 (1980); Magwood v. State, 494 So.2d 124 (Ala. Crim.App.1985), aff'd, 494 So.2d 154 (Ala.), cert. denied, 479 U.S. 995 , 107 S.Ct. 599 , 93 L.Ed.2d 599 (1986). "In this case, the police were questioning an admittedly scared 17-year-old who had just been arrested for murder and rape. He was visibly upset but had given no indicatio”

   2 later decisions quote this exact passage · from the dissent
   e.g. 791 So. 2d 409 - Gamble v. State · 776 So. 2d 160 - Freeman v. State