352 So. 2d 11 - Robinson 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. “"The general rule is that statements by the prosecutor to the effect that the state's evidence is undenied or uncontroverted are merely indirect references to the defendant's failure to testify and thus do not violate the statute prohibiting comment upon the failure of the defendant to testify. Title 15, § 305, Code of Alabama 1940, Recompiled 1958; Sellers v. State , 48 Ala. App. 178 , 263 So.2d 156 (1972). However, `(t)he trial court may allow remarks of this tenor so long as the defendant is not the only witness capable of contradicting the State's proof. If the prosecutor's remarks can be interpreted as referring to the failure of the defense to produce as witnesses existing persons other than the defendant who should be in a position to testify in his favor, and who are known to him, then the general rule stated above applies and there is no violation of the statute. See Street v. State , 266 Ala. 289 , 96 So.2d 686 ; Broadway, [Broadway v. State , 257 Ala. 414 , 60 So.2d 701 ] supra; Gore [v. State] , supra [ 45 Ala. App. 131 , 226 So.2d 674 ]; Padgett v. State , 45 Ala. App. 56 , 223 So.2d 597 ; Williams [v. State] , supra [ 43 Ala. App. 343 , 190 So.2d 556 ]; Littlefield v. State , 36 Ala. App. 507 , 63 So.2d 565 ; cf. King v. State , 45 Ala. App. 348 , 230 So.2d 538 .' Sellers , supra, 48 Ala. App. 187 , 263 So.2d 165 ."”

   1 later decision quote this exact passage
   e.g. 382 So. 2d 1158 - Carden v. State

2. “"MR. McGILL: Another one is Eddie Robertson. And Mr. Sikes disagrees with Eddie Robertson. How we corraled him in there and beat him to come out here and tell you a point blank lie. I asked the man if he had helped raise this boy, sitting across this table right here, and he said he did, down there in the same community. And yet, did we corroborate this by what he said? "Here comes Charles Bracewell to his home and stays there until he gets there that afternoon. And he tells him, I got to get out of Opp. I got to get out of the State. Rex Carnley over there that runs that filling station was killed. And the law is going to be looking for me. "Now, did Sheriff Harrell and any of these monstrous deputies over there beat him in the head to get him to tell the man that raised him that? I don't think it was. I don't think anybody was over there except him and his wife and he and made that statement. Why would he make it? That hasn't been explained, why he made it, and it hasn't been contradicted. * * * * * * "MR. SIKES: I want to object to this about it not being contradicted and ask you to instruct them to disregard that. And I want to move for a mistrial on the grounds that he is referring to the fact that the Defendant did not take the stand and contradict it. "THE COURT: Overrule your objection. Deny the motion for a mistrial."”

   1 later decision quote this exact passage
   e.g. 407 So. 2d 827 - Bracewell v. State

3. “improper comment upon the failure of the defendant to testify,”

   1 later decision quote this exact passage
   e.g. 494 So. 2d 798 - Towns v. State