State v. Miller’s Empirical Analysis
1967
Citation profile
166 state decisions
How this case has been cited
Cited by 169 later decisions — most recently March 2019 · most notably State v. Jones (2002), State v. Westbrook (1971)
166 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 State v. Hargett · State v. Gaines · State v. Horner · State v. . Little · State v. Carter
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 169 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A prosecutor] can argue to the jury that they should not believe a witness, but he should not call him a liar.”
5 later decisions quote this exact passage“Defendants assign as error the following part of the solicitor’s argument. “There is something in this case that is not very pretty. Mr. Walker, himself a former solicitor of this court until other things tempted him to the place where he now is ... ” The statement about Mr. Walker, who represented defendant Miller at the trial, is not clear, but it is manifest that it was uncomplimentary, and there is nothing in the record before us to justify it. While not so prejudicial as to warrant a new trial, we disapprove of it. Clients, not lawyers, are the litigants. Whatever may be the ill-feeling existing between clients, it should not be allowed to influence counsel in their conduct and demeanor toward each other or toward suitors in the case. All personalities between counsel should be scrupulously avoided. Canons of Professional Ethics, 62 Reports of American Bar Association 1105 § 17. In 88 C.J.S. Trial § 185 at page 367, it is stated: . . . Where his remarks are not sustained by the facts it is improper for counsel in argument to make statements reflecting on the character or conduct of the opposite party or his attorney, ....”
2 later decisions quote this exact passagee.g. State v. Huey · State v. Taylor““[the defendants] are storebreakers. Both of them. Sure, turn them loose. I could stand it myself. Personally, I could, just insofar [as] ... I don’t own any buildings. It would be . . . it would hurt me. Turn them loose they say. And if you do, buckle your knees tight and lock your houses in the evening. Get the merchant patrol in your front yard with you, German police dogs! And when they break through your defenses, ladies and gentlemen, don’t cry on me down at the solicitor’s office, and say ‘What are you doing about it?’ ””
1 later decision quote this exact passagee.g. State v. Ingle
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.