Stallard v. State’s Empirical Analysis

Citation profile

34 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"(2) In 23 C.J.S. Criminal Law § 935, it is said: `If one of several defendants jointly indicted has made admissions or confessions involving another defendant, the court may, in its discretion, order a separate trial, so that the admissions or confessions, while evidence against the one, may not prejudice the other, and where the circumstances are such that an instruction to disregard the confession of one when considering the guilt of another would prove ineffective to eradicate the impression on the jury the severance should be granted, unless the prosecuting attorney expressly declares that such statements will not be offered in evidence on the trial, or unless all reference to the moving defendant is eliminated from the confession.'"”

   3 later decisions quote this exact passage · from the majority
   e.g. Hunter v. State · Ellis v. State

2. ““Prejudice to the rights of the plaintiffs in error from the fact that they were jointly tried and convicted conld only have resulted if a bona fide defense had been interposed for them. Since no evidence tending to refute the charge of guilt was offered by any of them, none of them was embarrassed in his defense by the fact that the others were being jointly tried. It may have been to the interest of each that he be tried alone, but the orders of the court are molded to protect rights, and not merely the interests, of persons accused of crime. The state, as well as the persons accused, is entitled to have its rights protected, and, when several persons are charged jointly with a single crime, we think the state is entitled to have the fact of guilt determined and punishment assessed in a single trial, unless to do so would unfairly prejudice the rights of the defendants.” (Emphases supplied.)”

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

3. “‘ ‘ The rule in this State is that the trial judge will not be put in error for his failure to grant a severance where the defendant was not prejudiced by the refusal and the trial judge did not abuse this discretion. Stated in another way, this Court will not place the trial court in error where it appears that the rights of the defendant were not prejudiced, the affirmative of which would be an abuse of discretion.” Stallard et al. v. State, 187 Tenn. 418, 428 , 215 S.W.2d 807, 811 . Tomlin v. State, 207 Tenn. 281, 287 , 339 S.W.2d 10 and other cases there cited.”

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