State v. Burch’s Empirical Analysis

Citation profile

30 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Upon motion of a defendant, a mistrial shall be ordered when a remark or comment, made within the hearing of the jury by the judge, district attorney, or a court official, during the trial or in argument, refers directly or indirectly to: "* * * "(3) The failure of the defendant to testify in his own defense; . . .." However, this provision must be read in conjunction with LSA-C.Cr.P. Art. 774: "The argument shall be confined to evidence admitted, to the lack of evidence, to conclusions of fact that the state or defendant may draw therefrom, and to the law applicable to the case. "The argument shall not appeal to prejudice. "The state's rebuttal shall be confined to answering the argument of the defendant."”

   3 later decisions quote this exact passage
   e.g. State v. Smith · State v. Cryer

2. “The argument shall be confined to evidence admitted, to the lack of evidence, to conclusions of fact that the state or defendant may draw therefrom, and to the law applicable to the case.”

   1 later decision quote this exact passage
   e.g. 346 So. 2d 664 - State v. Sims