State v. Lindsay’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[C]alling the jury's attention to the fact that the defendant did not offer his own in-court explanation of the events ... is not allowed.... The test is whether the prosecutor's comment ... calls on the defendant for information or for an explanation that only the defendant could be expected to supply.... If the comment does so, it is impermissible.... The reason for the constitutional and statutory rights given by the fifth and fourteenth amendments and § 54-84 is to reduce jury speculation as to why the defendant would remain silent. A comment that the defendant was without a reasonable explanation or had no reasonable explanation to show why he was innocent is not necessarily a comment that the jury would naturally and necessarily interpret as related to the defendant's constitutional and statutory right to decline to testify. A prosecutor also may comment on the failure of a defendant to support his factual theories.”

   1 later decision quote this exact passage
   e.g. 173 Conn. App. 518 - State v. Joseph R. B.

2. “[Our appellate courts] ha[ve] found [claims of] induced error undeserving of appellate review in the context of a jury instruction claim when the [appealing party] has affirmatively requested the challenged jury instruction ....”

   1 later decision quote this exact passage
   e.g. 174 Conn. App. 230 - Healey v. Haymond Law Firm, P.C.

3. “It is well established that [a] prosecutor may respond to the argument of defense counsel during rebuttal.”

   1 later decision quote this exact passage
   e.g. 173 Conn. App. 518 - State v. Joseph R. B.