Ex Parte Dunaway’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"`The standard for determining whether constitutional error is harmless is whether the court can "declare a belief that it was harmless beyond a reasonable doubt." Chapman v. California, 386 U.S. 18, 24 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967). In determining whether constitutional hearsay error is harmless, a court may consider numerous facts, including "`"`the importance of the [declarant's] testimony in the prosecution's case, whether the testimony was cumulative, the presence or absence of evidence corroborating or contradicting the testimony of the [declarant] on material points, ... in the overall strength of the prosecution's case.' Delaware v. Van Arsdall, 475 U.S. [673], 684, 106 S.Ct. 1431, 889 [89] L.Ed.2d 674 [(1986)]." "` James v. State, 723 So.2d 776, 781 (Ala.Crim.App.), cert. denied, 723 So.2d 786 (Ala.1998).' " Ex parte Dunaway, 746 So.2d 1042, 1050 (Ala.1999) (Lyons, Justice, concurring in the judgment and concurring in part and dissenting in part as to the rationale)."”

   3 later decisions quote this exact passage · from the majority
   e.g. Baker v. State · Taylor v. State

2. “In another separate opinion concurring in part, concurring in the result in part, and dissenting in part, Justice Johnstone noted that the testimony constituted hearsay, but that its admission did not constitute plain error because it was not sufficiently prejudicial; it was cumulative of the testimony of the same witnesses as to observations they had made of the defendant's conduct as he had menaced and threatened the victim.”

   1 later decision quote this exact passage · from the majority
   e.g. Baker v. State

3. “[a] statement of the declarant's then existing emotions or state of mind [which] has historically been admissible as an exception to the hearsay evidence rule. See McElroy's Alabama Evidence, supra, § 261.03(2) and (5); Ex parte Whisenhant, 555 So.2d 235 (Ala.1989) (statement of fear, including statement as to the cause of the fear, held admissible); and Jackson v. State, 629 So.2d 748 (Ala.Crim.App.1993) (same).”

   1 later decision quote this exact passage
   e.g. Baker v. State