Whitaker v. State’s Empirical Analysis
2008
Citation profile
35 state decisions
How this case has been cited
Cited by 35 later decisions — most recently August 2023 · most notably Reid v. State (2010), Yancey v. State (2013)
35 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 Jackson v. Virginia · Miranda v. State of Arizona Vignera · Taylor v. State · White v. State · Kennedy 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“testimony about the defendant remaining silent is not deemed to be prejudicial if it is made “during a narrative on the part of the authorities of a course of events” and “apparently was not intended to, nor did it have the effect of, being probative on the guilt or innocence of the defendant.” [Cit.] Indeed, to warrant a reversal of a defendant’s conviction, the evidence of the election to remain silent must “point directly at the substance of the defendant’s defense or otherwise substantially prejudice the defendant in the eyes of the jury.” [Cit.]”
1 later decision quote this exact passagee.g. Reese v. State“Moreover, the failure to give an unrequested charge constitutes reversible error only when the omission is clearly harmful and erroneous as a matter of law in that the charge that was given fails to provide the jury with the proper guidelines for determining guilt or innocence.”
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.