Welch v. State’s Empirical Analysis
1955
Citation profile
52 state decisions
How this case has been cited
Cited by 52 later decisions — most recently June 1997 · most notably Beecher v. State (1975), 48 Ala. App. 178 - Sellers v. State (1972)
52 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 Broadway v. State · 36 Ala. App. 507 - Littlefield v. State · Washington v. State · 65 So. 2d 704 - Washington v. State · Coats 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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"`The remark of the State's attorney was no more than a comment that a certain phase of the State's evidence was uncontradicted. Certainly, the State's attorney should be permitted to comment on the character of the evidence presented by the State and its strength. That certain evidence is uncontradicted tends to show its strength. Our statute does not abrogate the right of the State' counsel to comment on legitimate inferences in this regard.'"”
3 later decisions quote this exact passage · from the majority““MR. HAMLET: Now, we object, Your Honor, to the remarks of the Solicitor in commenting on the fact that the Defendant did not take the stand, and I ask for a mistrial at this time. “THE COURT: I overrule your objection, but Gentlemen of the Jury, I sustain the objection. I overrule your motion for a new trial; sustain the objection to the comment. Gentlemen, the Defendant does not have to take the stand in the case. The law specifically indicates he doesn’t have to take the stand, and the fact he doesn’t have to take the stand doesn’t create any presumption against him, and I sustain the objection to that. Solicitor, that is not a proper remark. “MR. BLACK: Please the Court, we have a case— “THE COURT: I know that is getting close to the boardline [sic, borderline?]. That is an improper line of argument, and Gentlemen of the Jury, don’t consider that at all.””
1 later decision quote this exact passage · from the majority““On the trial of all indictments, complaints, or other criminal proceedings, the person on trial shall, at his own request, but not otherwise, be a competent witness; and his failure to make such a request shall not create any presumption against him, nor be the subject of comment by counsel. If the solicitor or other prosecuting attorney makes any comment concerning the defendant’s failure to testify, a new trial must be granted on motion filed within thirty days from entry of the judgment.””
1 later decision quote this exact passagee.g. Swain 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.