3 Tenn. Crim. App. 434 - Cantrell v. State’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ . . . and it is the theory of the defense that the trial judge’s instruction to the effect that the failure to call a witness available to a party raises a presumption that his or her testimony would have been unfavorable to the side that should have called or produced such a witness shifted the burden of proof of the facts sought to be established in the defendant’s theory to him. We find the statement of law charged by the trial judge to be correct and justified under the proof before the jury. It was en-cumbent upon the defendant, if he sought to prove someone else committed the crime, to bring in whatever witnesses he might have to support his position. There is no suggestion that the State suppressed or withheld any evidence favorable to the defendant.””

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