State v. Hohensee’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Defendant argues that the foregoing general rule should not be applied because § 546.270 and Rule 27.05 prohibit “any attorney in the case” from commenting on the defendant’s failure to testify. As applied to the facts before us, that argument has no merit. Based upon our review of the record, it is evident that defense counsel made this neutral, prefatory remark as part of his voir dire examination to determine whether members of the venire could follow MAI-CR 3d 308.14, if that instruction were given. In that regard, the following quotation from State v. Cokes, 682 S.W.2d 59 (Mo.App.1984), is instructive: It seems clear that appellant was entitled to have selected a fair and impartial jury, and therefore would be entitled to inquire at that point, on voir dire, whether any panel member would be prejudiced by appellant’s failure to testify, or whether they would follow an instruction of the court on the subject. To have empan-elled a fair and impartial jury was appellant’s first right, or conjunctively to that was his right to have no adverse presumption or inference drawn by the jury by his failure to testify. He was entitled to both rights so as to reduce a possible jury reaction to lessen the state’s burden to prove his guilt beyond a reasonable doubt because of his failure to testify. Id. at 61-62 . Several reported decisions record instances in which similar voir dire questions resulted in venirepersons being stricken for cause after stating that they would not be able ”

   1 later decision quote this exact passage
   e.g. STATE OF MISSOURI, Plaintiff-Respondent v. ROMMEL R. NEWTON