State v. Gibbs’s Empirical Analysis
2009
Citation profile
1 federal appellate · 12 state decisions
How this case has been cited
Cited by 13 later decisions — most recently December 2024
1 federal appellate · 12 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Chapman v. State of California · Griffin v. California · Griffin v. People of the State of Illinois · Ake v. Oklahoma · Britt v. North Carolina
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is a fundamental principle of constitutional law that a prosecutor may not comment on a defendant’s failure to testify in a criminal case. State v. His Chase, 531 N.W.2d 271, 273 (N.D.1995); State v. Flohr, 310 N.W.2d 735, 736 (N.D.1981). ‘A comment on the silence of a defendant is an improper comment on the right to remain silent in violation of the Fifth and Fourteenth Amendments of the [United States] Constitution.’ State v. Ebach, 1999 ND 5, ¶ 15 , 589 N.W.2d 566 . See also N.D. Const. art. I, § 12; N.D.C.C. § 29-21-11. This Court reviews de novo a claim of a constitutional rights violation. State v. Keyes, 2000 ND 83, ¶9 , 609 N.W.2d 428 .””
1 later decision quote this exact passagee.g. State v. Jennewein
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.