22 So. 3d 1194 - Marshall v. State’s Empirical Analysis
2009
Citation profile
1
cited by 1 later decisions
1
states following
March 2015
most recently cited
1 state decisions
Relationships
Relies on United States v. Olano · McFee v. State · 667 So. 2d 1242 - Ballenger v. State · 860 So. 2d 704 - Howell v. State · 549 So. 2d 1316 - Gray v. State
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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[Although a direct reference to the defendant’s failure to testify is strictly prohibited, all other statements must necessarily be looked at on a case-by-case basis. There is a difference, however, between a comment on the defendant’s failure to testify and a comment on the failure to put on a successful defense. Moreover, the State is entitled to comment on the lack of any defense, and such comment will not be construed as a reference to a defendant’s failure to testify by innuendo and insinuation.”
1 later decision quote this exact passage
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.