State v. Gilbert’s Empirical Analysis
1979
Citation profile
8 federal appellate · 22 state decisions
How this case has been cited
Cited by 34 later decisions (4 by the Supreme Court) — most recently January 2004 · most notably Caldwell v. Mississippi (1985), Sawyer v. Smith (1990)
8 federal appellate · 22 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 Miranda v. State of Arizona Vignera · Terry v. Ohio · Bruton v. United States · Adams v. Williams · Sibron v. State of New York Peters
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Each accused, with the assistance of counsel, makes this decision [not to testify] as a part of his trial strategy. Under the first principle of ethics and justice, a defendant who secures a ruling of the court, albeit erroneous, should not be permitted to profit ... from the court’s assent to an improper trial strategy.”
1 later decision quote this exact passagee.g. State v. Copeland“We next consider an issue not raised in appellants' brief, but which, because of the imposition of the death sentence, we review under the doctrine of in favorem vitae.”
1 later decision quote this exact passagee.g. Gilbert v. Moore
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.