State v. Lindner’s Empirical Analysis

Citation profile

44 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"We think it is clear from the above-quoted portion of the record that the state's attorney did in fact refer to the defendant's failure to testify. We reasonably can give no other construction to his statement that: `I don't know what this boy says. There is no evidence of any type by him in this case * * *.' `This boy' admittedly referred to defendant. The two phrases construed together were tantamount in meaning to a statement that `this boy hasn't said anything in this case.' Except for a direct statement that `defendant has not testified', we can conceive of no clearer way to express that idea than by the phraseology used in the instant case."”

   2 later decisions quote this exact passage
   e.g. State v. Reed · State v. Rothaus

2. ““I don’t know what this boy says. There is no evidence of any type by him in this case.””

   2 later decisions quote this exact passage
   e.g. State v. Reed · State v. Rothaus

3. ““ ‘The key words of the statute . are “accused” and “testify”, and the ultimate test of whether the prohibition has been violated is whether the jury’s attention was called to the fact that the accused did not testify.’ ””

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