370 So. 2d 312 - Smith v. State’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. “subject to a reasonable construction by the jury, unacquainted with the refinements of the law on the subject, that no inference unfavorable to the State could be drawn from the failure of the State to have the defendant testify as to his guilt or innocence”

   2 later decisions quote this exact passage
   e.g. 518 So. 2d 214 - Lewis v. State · 395 So. 2d 1069 - Tinsley v. State

2. “that no adverse inference to the accused should be drawn from his failure to testify. Here, the trial judge charged the jury as follows: (R. 1410-1411)”

   2 later decisions quote this exact passage
   e.g. Tucker v. State · 485 So. 2d 351 - Crowe v. State

3. “"Now, ladies and gentlemen, under the law of our land a person who is charged with a crime has an election which is guaranteed to him by the Fifth Amendment to the Constitution and the Amendment to the Constitution of the State of Alabama. That in essence states that he can not be compelled to be a witness against himself. It doesn't say that he can't testify. It simply says it is up to him to determine whether or not he will take the stand and testify in his own defense. Now the defendant, of course, in this case did not take the stand. And I charge you as a matter of law you can not consider the fact that he didn't take the stand as being any evidence of his guilt. You can't consider the reason that he didn't testify was he was scared to face jury or he was scared to face cross examination. You can only assume that he was exercising the constitutional right that he has not to be a witness against *Page 361 himself. If he had elected to take the stand then he would be treated as any other witness. But that election is his. A criminal defendant who is charged in this country and in this State only has one obligation. That is, he must show up for his trial. He can walk in the courtroom, set down, and he doesn't have to prove anything because under the law of our land the State who brings the charges must bring the evidence to show to you beyond a reasonable doubt and to a moral certainty that the defendant is not guilty. The defendant has no burden of proving anything in a cri”

   1 later decision quote this exact passage
   e.g. 485 So. 2d 351 - Crowe v. State