411 N.J. Super. 521 - State v. Miller’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. “We have no doubt that a jury hearing this dear description could not be confused by use of the word “even” and led to conclude that defendant had an obligation to testify. We recognize that the last sentence of the relevant Model Jury Instruction was revised after defendant’s trial and that it now explains that the defendant “is presumed innocent whether or not [he] chooses to testify.” Model Jury Charge (Criminal), “Defendant’s Election Not to Testify” (revised May 4, 2009). Nonetheless, we are persuaded that the charge given in this ease, read as a whole, had no capacity to lead the jurors astray. The jurors were clearly directed that they could not consider defendant’s decision to leave the State to its proofs in any manner and were not permitted to allow the fact that he did not testify to enter into their deliberations or decision-making at any time. [ Miller, supra, 411 N.J.Super, at 583, 988 A.2d 104 .]”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Miller

2. “As you know, ladies and gentlemen, the defendant did not testify in this case. The defendant elected not to testify at this trial. It is his constitutional right to remain silent. You may not consider for any purpose or in any manner in arriving at your verdict ... the fact that the defendant did not testify. That fact should not enter into your deliberations o[r] discussions in any manner or at any time. The defendant is entitled to have the jury consider all evidence presented at trial. He is presumed innocent even if he chooses not to testify. [Emphasis added.]”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Miller