State v. Johnson’s Empirical Analysis

Citation profile

32 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Fifth amendment rights are, of course, violated when a prosecutor comments on a defendant's failure to take the stand. Griffin v. California, 380 U.S. 609 , 14 L.Ed.2d 106 , 85 S.Ct. 1229 ; United States v. Nolan, 416 F.2d 588 (10th Cir.1969). But not all comment on failure to present a defense constitutes a comment on the defendant's failure to testify. `It is permissible for the prosecutor to call the jury's attention to the fact that the evidence against the defendant is uncontradicted, especially when the facts in issue could have been controverted by persons other than the defendant.' ( United States v. Lepiscopo, 458 F.2d 977, 979 [10th Cir.1972].) See also, State v. Erhart, 176 Kan. 589 , 272 P.2d 1097 ; Anno., Accused's Failure to Testify — Comment, 14 A.L.R. 3rd 723...." (p. 850.)”

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

2. ““[4] Under K.S.A. 60-421 only convictions of crimes involving dishonesty are admissible to impeach the credibility of a witness.” “[5] Under K.S.A. 60-422(d) evidence of specific instances of misconduct of a witness relevant only as tending to prove a trait of his character is inadmissible where offered for the sole purpose of attacking the credibility of the witness.” “[6] K.S.A. 60-455 has no applicability to evidence offered to impeach the credibility of a witness.””

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