751 So. 2d 32 - Seay v. State’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"`Generally, character evidence (acts, reputation, or opinion of character) is inadmissible when offered as a basis from which to infer how a person acted on the occasion in question. A special exception to this general exclusionary rule, however, is afforded the criminally accused. The criminal defense, under what is often termed the "mercy rule," may take the initiative to prove the accused's good character in order to infer, from such character, that the accused did not commit the crime charged. "`While the accused is given special exemption from the prohibition on character, good character may be evidenced through only one medium of proof. The accused's character evidence is limited to general reputation in the community. No allowance is made, as is true under the federal mercy rule, for a character witness' opinion as to the accused's character. The accused's reputation may be as a whole or attached to a trait that is pertinent to the crime serving as the basis of the prosecution.' "Charles W. Gamble, Gamble's Alabama Rules of Evidence , § 404(a)(1)(A) at 59 (1995); see also Ex parte Woodall , 730 So.2d 652 (Ala. 1998); Jones v. State , 53 Ala. App. 690 , 304 So.2d 34 (1974). Since before the 1900s, Alabama law has afforded an accused the right to prove his or her good reputation in the community and character evidence of a specific trait, such as peacefulness. See Thomas v. State , 41 Ala. App. 19 , 122 So.2d 731 (1960); Bogle v. State , 27 Ala. App. 215 , 169 So. 332 (”

   1 later decision quote this exact passage
   e.g. 858 So. 2d 305 - Jolly v. State

2. “may take the initiative to prove the accused's good character in order to infer, from such character, that the accused did not commit the crime charged.”

   1 later decision quote this exact passage
   e.g. 858 So. 2d 305 - Jolly v. State