723 So. 2d 776 - James v. State’s Empirical Analysis

Citation profile

24 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “' "[t]he question is whether there is a reasonable possibility that the evidence complained of might have contributed to the conviction.”

   8 later decisions quote this exact passage
   e.g. Baker v. State · Ex Parte Dunaway

2. “"`Hearsay evidence is testimony in court, or written evidence, of a statement made out of court, the statement being offered as an assertion to show the truth of matters asserted therein, and thus resting for its value upon the credibility of the out-of-court asserter.' Edward W. Cleary, McCormick on Evidence 584 (1972). Hearsay is not admissible except as provided by the Alabama Rules of Evidence or by other rules adopted by the Supreme Court of Alabama or by statute. Ala.R.Evid. 802. Hearsay is not admissible because it violates the right of confrontation and cross-examination guaranteed by the Sixth Amendment to the United States Constitution. To overcome the inability to confront a witness, a statement by an out-of-court declarant must bear . . . `adequate indicia of reliability.' Reliability can be inferred in a case where the evidence falls within a firmly rooted hearsay exception. Idaho v. Wright , 497 U.S. 805 , 110 S.Ct. 3139 , 111 L.Ed.2d 638 (1990), quoting Ohio v. Roberts , 448 U.S. 56 , 65 , 100 S.Ct. 2531 , 65 L.Ed.2d 597 (1980)."”

   2 later decisions quote this exact passage
   e.g. Ex Parte Baker · 887 So. 2d 929 - McNabb v. State

3. “"A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, unless the source of information or the method or circumstances of preparation *Page 361 indicate lack of trustworthiness. The term `business' as used in this paragraph includes business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit."”

   2 later decisions quote this exact passage
   e.g. 899 So. 2d 281 - Tc v. Cullman County Dhr · 790 So. 2d 359 - Dowdell v. State