State v. Posey’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The question than [sic] to be decided is whether it was prejudicial error to permit the solicitor to comment, in argument to the jury, upon the failure of appellant to call an eyewitness within his control to testify, where appellant had-presented no evidence during the trial. We reverse upon the authority of State v. Simmons, 267 S.C. 479 , 229 S.E.2d 597 (1976). In Simmons , the defendant did not testify nor present any evidence and the trial judge permitted the solicitor to comment in argument upon the failure of the defendant to produce his wife as a witness. In reversing, this Court pointed out that, while the wife in that case was not an available or compellable witness, the rule, which permitted an adverse inference comment upon the failure of a party to produce a witness exclusively in his control, did not apply to a criminal defendant who introduces no evidence at all.... The solicitor was permitted, in argument, to draw an adverse inference from [Posey’s] failure to produce a certain witness. This had the effect of depriving [Posey] of the right to offer no evidence and rely upon the insufficiency of the State’s case against him.”

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

2. “It is true ... that the defendant did not take the stand to deny or explain the evidence adduced against him, and that he did not offer any evidence in his behalf.... The defendant had the constitutional right to adopt these courses if he chose to do so, and neither the lower court nor this Court have the right to punish him for the exercise of either of those rights. And even if the defendant chose to remain silent at his trial, that fact did not reverse the usual rule of the law that the burden of establishing the defendant’s guilt still remained on the State.”

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

3. “It is elementary that an accused is presumed innocent until proven guilty and that the burden is upon the State to prove the accused committed the crime charged. An accused has the right to rely entirely upon this presumption of innocence and the weakness in the State’s case against him. He would clearly be deprived of that right if an adverse inference is permitted to be indulged against him because of its exercise.”

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