Grady v. State’s Empirical Analysis

Citation profile

9 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"On the trial of all indictments, complaints or other criminal proceedings, the person on trial shall, at his own request, but not otherwise, be a competent witness, and his failure to make such a request shall not create any presumption against him nor be the subject of comment by counsel. If the district attorney makes any comment concerning the defendant's failure to testify, a new trial must be granted on motion filed within 30 days from entry of the judgment. "”

   1 later decision quote this exact passage
   e.g. 571 So. 2d 1251 - Ex Parte Wilson

2. “However, ... if that argument is in reply to argument by the defense that the defendant, if convicted, will be sentenced to the penitentiary, the rule ... does not apply and the district attorney is within his rights in making his reply to a subject first introduced in argument from the defendant.”

   1 later decision quote this exact passage
   e.g. 461 So. 2d 834 - Williams v. State

3. “charge on the defendant's right not to testify, to which the defendant's attorney stated that he was satisfied. Discussion For this discussion, we first note that in all criminal prosecutions, the accused shall not be compelled to give evidence against himself. Alabama Constitution, Art. I, § 6.”

   1 later decision quote this exact passage
   e.g. 571 So. 2d 1251 - Ex Parte Wilson