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← 784 SO2D 328 - Tyson v. State

Tyson v. State’s Empirical Analysis

2000

Citation profile

17
cited by 17 later decisions
1
states following
April 2016
most recently cited

17 state decisions

Relationships

Relies on United States v. Leon · Brinegar v. United States · United States v. Young · United States v. Frady · Eddings v. Oklahoma

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

  1. “"Rule 404(a), Ala.R.Evid., states: `Evidence of a person's character or a trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion.' However, there are many recognized exceptions to this general exclusionary rule. Rule 404(b) states: "`Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, provided that upon request by the accused, the prosecution in a criminal case shall provide reasonable notice in advance of trial....' "The State argues, citing Weeks [v. State, 456 So.2d 395 (Ala.Cr.App.1983), aff'd 456 So.2d 404 (1984), cert. denied, 471 U.S. 1030 , 105 S.Ct. 2051 , 85 L.Ed.2d 324 (1985) ], that the evidence of the Union Springs shooting fits within the identity exception to the exclusionary rule. This Court stated in Weeks: "`The evidence about which the appellant complains was absolutely essential to establish the appellant's possession of the murder weapon.... "`This court has stated that evidence of other crimes is admissible in court "when it is necessary to prove the identity of the offender, or of an instrument used in committing the offense." Allen v. State, [ 380 So.2d 313 (Ala.Cr.App.1979), cert. denied, 380 So.2d 341 (Ala.), cert. denied, 449 ”
    3 later decisions quote this exact passage
  2. “"I am Raymon Dawson Smith. I work as an Agent in the Alabama Bureau of Investigations, a division of the Alabama Department of Public Safety. I have worked for the Department of Public Safety for over 21 years, as an officer. I have worked in `ABI,' Alabama Bureau of Investigations for about a year. "On the evening of January 14, 1997, a shooting occurred in Union Springs, Alabama, that involved the firing of multiple shots from a vehicle occupied by several black males at one Nicholas Martin (hereinafter Martin). Martin is a 26 year old black male from Union Springs. Martin identified the vehicle as a blue Pontiac displaying a `55' tag occupied by four black males. Words were apparently exchanged and then shots were fired from the vehicle at Martin, who then ran. Martin identified one of the occupants of the vehicle as a person known to him as Anthony Tyson (hereinafter Tyson). Martin stated that he has seen Tyson on several occasions prior to this incident and can identify Tyson. Martin also identified Tyson as one of the person[s] shooting from the vehicle. "The police were notified by phone and a description of the vehicle, which left the area, was provided and dispatched. Union Springs officers tried to stop a vehicle fitting the description given. The said vehicle fled the stop attempt; and chase commenced. State Troopers became involved in the chase. The vehicle fled Bullock County into Macon County where Tuskegee Police officers and Macon County sheriff's deputies joi”
    1 later decision quote this exact passage
  3. “"The appellate courts of this state have consistently held, since the United States Supreme Court's decision in Mills , that as long as there is no `reasonable likelihood or probability that the jurors believed that they were required to agree unanimously on the existence of any particular mitigating circumstances,' there is no error in the trial court's instruction on mitigating circumstances. Freeman [v. State ], 776 So.2d [160] at 195 [(Ala.Crim.App.1999)]. See also Ex parte Martin, 548 So.2d 496 (Ala.1989), cert. denied, 493 U.S. 970 , 110 S.Ct. 419 , 107 L.Ed.2d 383 (1989); Williams v. State, 710 So.2d 1276 (Ala.Cr.App.1996), aff'd, 710 So.2d 1350 (Ala.1997), cert. denied, 524 U.S. 929 , 118 S.Ct. 2325 , 141 L.Ed.2d 699 (1998); Brown v. State, 686 So.2d 385 (Ala.Cr.App.1995); Rieber v. State, 663 So.2d 985 (Ala.Cr.App.1994), aff'd, 663 So.2d 999 (Ala.), cert. denied, 516 U.S. 995 , 116 S.Ct. 531 , 133 L.Ed.2d 437 (1995); Holladay v. State, 629 So.2d 673 (Ala.Cr.App.1992), cert. denied, 510 U.S. 1171 , 114 S.Ct. 1208 , 127 L.Ed.2d 555 (1994)."”
    1 later decision 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.