Gross v. State’s Empirical Analysis
1974
Citation profile
3 federal appellate · 48 state decisions
How this case has been cited
Cited by 57 later decisions (2 by the Supreme Court) — most recently March 2014 · most notably Lakeside v. Oregon (1978), Misenheimer v. State (1978)
3 federal appellate · 48 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 Griffin v. California
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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The defendant in this case has not taken the witness stand as a witness. Upon this question, I instruct the jury that the statute of our State [their emphasis] reads as follows: "The defendant is a competent witness to testify in his own behalf. `But if the defendant does not testify, his failure to do so shall not be commented upon or referred to in the argument of the cause, nor commented upon, referred to, or in any manner considered by the jury trying the same; and it shall be the duty of the court, in such case, in its charge, to instruct the jury as to their duty under the provisions of this section.'" ( 306 N.E.2d at 371 ).”
1 later decision quote this exact passagee.g. State v. Lakeside“If as a trial tactic, the defense determines that such an instruction would assist its case, it may request the judge to so instruct. Furthermore, if the judge sua sponte offers to give the instruction, and the defense fails to object, the defense will be deemed to have consented to its submission. However, if the judge states his intention to submit the instruction and defense does object, the giving of the instruction constitutes an invasion of Fifth Amendment rights and judicial error.”
1 later decision quote this exact passagee.g. Bush v. State““The defendant is a competent witness to testify in his own behalf, and he may testify in his own behalf or not, as he may choose. In this case the defendant has not testified in his own behalf, and this fact is not to be considered by the jury as any evidence of guilt, neither has the jury any right to comment upon, refer to, or in any matter consider the fact that the defendant did not testify in arriving at your verdict in this case.””
1 later decision quote this exact passagee.g. Priest v. State
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.