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← 270 Ind. 449 - Priest v. State

Priest v. State’s Empirical Analysis

1979

Citation profile

30
cited by 30 later decisions
3
states following
September 2009
most recently cited

6 federal appellate · 22 state decisions

How this case has been cited

Cited by 30 later decisions — most recently September 2009 · most notably Moran v. State (1994), Hardaway v. State (1989)

6 federal appellate · 22 state decisions

1401979198019902000decided

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 Lego v. Twomey · Lakeside v. Oregon · Ortiz v. State · Lewis v. State · Glover 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““With due regard for our responsibilities as state judges, we have re-examined our holding in Gross and Hill [v. State, 371 N.E.2d 1303 (Ind.1978)] in light of reasoning and evaluation of interests revealed in Lakeside. Having done so, we remain convinced that the basic premises of this Court’s reasoning in Gross and Hill are sound and that the mechanism erected therein for the accused to choose whether to have the jury given an instruction regarding his failure to testify is a requisite for full realization of the right of each citizen granted by Article I, Section XIV [of the Indiana Constitution] that ‘no person, in any criminal prosecution, shall be compelled to testify against himself.’ ””
    3 later decisions quote this exact passage
  2. “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 manner consider the fact that the defendant did not testify in arriving at your verdict in this case.”
    2 later decisions quote this exact passage
  3. “independent judicial act in which federal cases play only a persuasive role.”
    1 later decision quote this exact passage

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.