999 So. 2d 561 - Madison v. State’s Empirical Analysis

Citation profile

2 federal appellate · 10 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Both appellants argue that the admission of identification testimony violated their rights under the Fifth, Sixth, Eighth, and Fourteenth Amendments to the United States Constitution and under Alabama law. Specifically, both appellants contend that Libby Barron’s in-court identification of them was unreliable because of unduly suggestive pretrial procedures. The appellants contend that their photographs, used in the array for pretrial identification, were ‘out of focus’ when compared to the other photographs in the array. The appellants failed to object on this specific ground at trial or in their motion to suppress and raised only the general issue that the pretrial identification was ‘unduly suggestive’ in the motion for new trial. The issue of the photograph’s clarity is raised for the first time on appeal and therefore must rise to the level of plain error to require reversal. Rule 45A, [Ala.] R.App. P. “The record indicates that a hearing was held on the appellants’ motion to suppress any in-court identifications by witnesses because these witnesses were subjected to improper out-of-court identification procedures. At the hearing, a sergeant with the Jefferson County Sheriffs Department testified that he showed Libby Barron, the victim’s widow, a set of five photographs and that she selected the appellants’ photographs as the men who had killed her husband. Libby Barron also testified to her identification and, during trial, the photographs from the photographic lineup ”

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