Sanders v. State’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is a bright-line rule in Georgia that the State may not comment on either a defendant’s silence prior to arrest or failure to come forward voluntarily. [Cits.] Finding such comments to be far more prejudicial than probative, this Court has determined that they are not to be permitted even in situations in which the defendant has not received Miranda warnings or takes the stand in his own defense. [Cit.]”

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

2. “[Ajssuming arguendo that an objection to the offending argument would have had merit, [appellant] has not shown a reasonable probability that the outcome of the trial would have been different had counsel made the objection. See Lambert v. State, 287 Ga. 774, 777 (2) ( 700 SE2d 354 ) (2010) (where evidence of guilt is overwhelming, a defendant cannot demonstrate the required prejudice under Strickland).”

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

3. “a bright-line rule in Georgia that the State may not comment on either a defendant's silence prior to arrest or failure to come forward voluntarily.”

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