339 So. 2d 56 - Hines v. State’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Do each of you realize that the defendant has the right not to testify in this case? You are not to draw any inference as to guilt or innocence of the defendant whether he does or does not take the stand.”

   2 later decisions quote this exact passage
   e.g. 498 So. 2d 796 - Bridgeforth v. State · 707 So. 2d 547 - De La Beckwith v. State

2. “This Court has consistently held that any comment by the prosecutor on an accused's failure to testify is error. Clark v. State, 260 So.2d 445 (Miss. 1972); Lambert v. State, 199 Miss. 790 , 25 So.2d 477 (1946); Yarbrough v. State, 70 Miss. 593 , 12 So. 551 (1893). We are not prepared to deviate from these prior decisions. The trial court committed reversible error by not granting the defendant's motion for a mistrial following the assistant district attorney's remarks.”

   1 later decision quote this exact passage
   e.g. 498 So. 2d 796 - Bridgeforth v. State

3. “§ 13-1-9. Competency of an accused. The accused shall be a competent witness for himself in any prosecution for crime against him. The failure of the accused, in any case, to testify shall not however operate to his prejudice or be commented on by counsel. [Emphasis added]”

   1 later decision quote this exact passage
   e.g. 485 So. 2d 681 - West v. State