King v. State’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Concededly, the prosecutor's remarks did not refer directly to the silence of the Petitioner. However, since the witness Tillett and the Petitioner were the only two persons who had knowledge of the events referred to by the State's Attorney and were therefore the only witnesses who could testify concerning such events, the logical inference which the jury would draw from the prosecutor's remarks is that he was calling to their attention, at least indirectly or covertly, the fact that the Petitioner had not taken the stand. We have held that comments on a defendant's silence constitute reversible error if they are subject to an interpretation that they refer to the defendant's failure to take the witness stand, regardless of their susceptibility of a different construction. Trafficante v. State, Fla. 1957, 92 So.2d 811 ."”

   2 later decisions quote this exact passage · from the majority
   e.g. Kolsky v. State · 151 So. 2d 881 - Harper v. State

2. ““We have little doubt that the average juror would consider the latter statement made by the county solicitor as a direct reference to the fact that Charles Way did not take the witness stand in his own defense. Furthermore, we hold the view that such statement was at least a comment, covertly if not directly, upon the failure of Essie Way to become a witness in her own behalf. Indeed, the State does not contend that the remarks made by the county solicitor did not directly or covertly refer to the failure of the appellants to testify in their own behalf.””

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

3. “"* * * [W]hen the prosecutor brings to the attention of the jury the failure of a defendant to testify, he naturally gives emphasis to the fact that the defendant could have testified if he had so desired and that by failing to do so he has something to hide. Immediately there is created in the mind of the average juror an ill-founded and prohibited prejudice which cannot be erased or eradicated either by apology or by judicial admonition. * * *"”

   1 later decision quote this exact passage · from the majority
   e.g. 151 So. 2d 881 - Harper v. State