State v. Holt’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “For over 100 years it has been the law of Iowa that it is proper to show a defendant’s conduct, demeanor, voluntary statements and attitude toward the crime, if there was one. See cases reviewed in State v. Benson, 230 Iowa 1168 , 300 N.W. 275 . There have been times in our law when it was permissible for a prosecutor to comment to the jury on a defendant’s failure to testify. In earlier periods, and now, such is not the case.... When the Benson case was decided it was permissible for a prosecutor to comment on the defendant’s failure to testify. Such is no longer the law_ However, the comment in Benson , loc. cit., 230 Iowa at 1171 , 300 N.W. at 277 , is [still] pertinent: “Of course, when one is accused of a crime, he does not have to reply to the accusation. But if he declines to reply, his act of silence may be shown to the jury....” Where constitutional requirements as to warnings, etc. have been met as in the case before us there is a difference between showing what defendant did and said when arrested and commentpng] to a trial jury on failure to testify.”

   1 later decision quote this exact passage
   e.g. State v. Jirak

2. ““In interpreting a statute we look to the object to be accomplished, the evils sought to be remedied, or the purpose to be sub-served and place on it a reasonable or liberal construction which will best effect its < purpose rather than one which will defeat it. [Citations] It is obvious the purpose of the Implied Consent Law is to reduce the holocaust on our highways part of which is due to the driver who imbibes too freely of intoxicating liquor.” See also State v. Charlson, supra, Iowa, 154 N.W.2d at 831-832 ; and State v. Holt, Iowa, 156 N.W.2d 884, 890 .”

   1 later decision quote this exact passage
   e.g. Janson v. Fulton

3. ““ * * * evidence as to what a defendant did or refused to do or said incident to arrest * * * is not the same as comment on failure to testify at the trial.””

   1 later decision quote this exact passage
   e.g. State v. Johnson