Simmons v. State’s Empirical Analysis

Citation profile

63 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 63 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"* * * but no accused person shall be compelled to give testimony against himself, nor shall any prosecuting attorney be permitted before the jury or court to comment on the failure of the accused to testify in his own behalf, * * *." (Emphasis added.)”

   3 later decisions quote this exact passage · from the majority
   e.g. Hathaway v. State · 92 So. 2d 811 - Trafficante v. State

2. ““We hold that calling the attention of the jury, by the prosecuting officer of the state, to the failure of the accused to testify in his own behalf at any preliminary proceeding or the present trial, no matter how innocently it may be done, comes within the exception and deprives the defendant of the protection the statute was intended to secure, and of his constitutional right to a fair and impartial trial. Rowe v. State, supra [ 87 Fla. 17 , 98 So. 613 ]; Jackson v. State, 45 Fla. 38 ., 34 So. 243 , 3 Ann.Cas. 164; Annotations, 68 A.L.R. 1108 ; 84 A.L.R. 785 .””

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

3. “subject to the exception that if the improper remarks are of such character that neither rebuke nor retraction may entirely destroy their sinister influence, in such event, a new trial should be awarded, regardless of the want of objection or exception.”

   1 later decision quote this exact passage · from the majority
   e.g. 112 So. 2d 380 - Pait v. State