345 So. 2d 14 - State v. Johnson’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Art. 770. Upon motion of a defendant, a mistrial shall be ordered when a remark or comment, made within the hearing of the jury by the . . . district attorney . . . during the trial or argument, refers directly or indirectly to:. . . (3) [F]ailure of defendant to testify in his own defense. . . . . . An admonition to the jury to disregard the remark or comment shall not be sufficient to prevent a mistrial. . . ."”

   3 later decisions quote this exact passage
   e.g. 375 So. 2d 94 - State v. Marcello · 389 So. 2d 1282 - State v. Fullilove

2. “"It suffices to say at this time that the rule of law is clearly stated in Article 770 of the Code of Criminal Procedure, and there is a general recognition and acceptance of the wisdom of the rule. A defendant is granted constitutional protection against self incrimination, which means that he cannot be compelled to give evidence against himself. La.Const. art. 1, § 16 (1974). An accused is not considered to be a competent witness at his trial unless he requests the right to testify. La.Rev.Stat. 15:461. These rights would be hollow indeed if the silence they protect was allowed to be used against the accused by the State's attorney. "The comment in this case is a graphic example of a substantial violation of a statutory right, and article 770 mandates that a mistrial be ordered when such a remark is made. La.Code Crim.Proc. art. 921. An admonition to the jury to disregard the remark or comment shall not, in the plain language of Article 770, be sufficient to prevent a mistrial." ( 345 So.2d at 17-18 ).”

   1 later decision quote this exact passage · from the majority
   e.g. 375 So. 2d 94 - State v. Marcello

3. “". . . Again, my objection is based on the fact that this is hearsay, that the defense is attempting to get into evidence and get in statements made by the defense. . . without having to put the defendant on the stand . . ." ( State v. Johnson, 345 So.2d 14, at 16 ).”

   1 later decision quote this exact passage
   e.g. 375 So. 2d 94 - State v. Marcello