McClendon v. State’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Alabama law has consistently held that collateral act evidence is admissible for such purposes. In Campbell v. State, 718 So.2d 123 (Ala.Crim.App.1997), this Court explained: "`"`"On the trial of a person for the alleged commission of a particular crime, evidence of his doing another act, which itself is a crime, is not admissible if the only probative function of such evidence is to show his bad character, inclination or propensity to commit the type of crime for which he is being tried. This is a general exclusionary rule which prevents the introduction of prior criminal acts for the sole purpose of suggesting that the accused is more likely to be guilty of the crime in question."' `"This exclusionary rule is simply an application of the character rule, which forbids the State to prove the accused's bad character by particular deeds. The basis for the rule lies in the belief that the prejudicial effect of prior crimes will far outweigh any probative value that might be gained from them. Most agree that such evidence of prior crimes has almost an irreversible impact upon the minds of the jurors."' Thus, the exclusionary rule serves to protect the defendant's right to a fair trial. `"The jury's determination of guilt or innocence should be based on evidence relevant to the crime."' "`"`If the defendant's commission of another crime or misdeed is an element of guilt, or tends to prove his guilt otherwise than by showing of bad character, then proof of such other act is admiss”

   1 later decision quote this exact passage
   e.g. 891 So. 2d 353 - Key v. State

2. ““Because intent was an element of the crime charged, and because intent was a genuine issue in this case, the collateral act evidence was admissible to show McClendon’s intent. We agree with the trial court that the testimony regarding McClendon’s actions preceding his first wife’s murder was not precluded by the general rule regarding evidence of prior bad acts. See Averette v. State, 469 So.2d 1371, 1374 (Ala.Crim.App.1985).””

   1 later decision quote this exact passage
   e.g. 74 So. 3d 32 - VanPelt v. State

3. “Neither the Alabama Rules of Evidence nor Alabama caselaw sets a specific time limit for when a collateral act is considered too remote, other than a conviction for impeachment purposes.”

   1 later decision quote this exact passage
   e.g. 974 So. 2d 1034 - Bedsole v. State