Bannon v. State’s Empirical Analysis

Citation profile

3 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““MR. GLOVER: * * * I told you, Gentlemen, that we have brought you every scintilla of evidence that the Constitution or the laws of the State of Texas will allow us to bring you and told you everything about the case that we know. I also want to read you something additional in the charge. The court further instructs you that the law allows the defendant to testify in his own behalf, but a failure on his part to do so is not a circumstance against him and no presumption of guilt can be indulged in by the jury for a failure on his part to do so. ****** MR. WALDIE: Your Honor, I’m going to at this time object to the line of argument of the counsel and move for a mistrial. Counsel knows the rules which we are bound under. We are bound the same as he is and he is in infraction of those rules and depriving the defendant of a fair trial. And for that reason, we move for a mistrial. •****■** THE COURT: * * * i wni overrule the motion for a mistrial. MR. WALDIE: Note my exception. MR. GLOVER: And no presumption of guilt can be indulged in the jury for a failure on his part to do so. THE COURT: The record will show that the district attorney is reading from the charge, all right. MR. GLOVER: I tell you again, Gentlemen, the State has brought you every iota of evidence, every scintilla of evidence the law will allow us to bring. MR. WALDIE: Your Honor, I’m going to move for a mistrial again *”

   1 later decision quote this exact passage
   e.g. Smith v. Decker