Culberson v. State’s Empirical Analysis

1982

Citation profile

cited by 51 later decisions

states following

January 2017

most recently cited

5 federal appellate · 2 district · 44 state decisions

How this case has been cited

Cited by 51 later decisions — most recently January 2017 · most notably 430 So. 2d 832 - Read v. State (1983), Underwood v. Clark (1991)

5 federal appellate · 2 district · 44 state decisions — followed in 11 states

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Cuyler v. Sullivan · Washington v. Watkins · 337 So. 2d 1242 - Jackson v. State · Culberson v. State · Warren v. State

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

“We suggest to the trial judges of the state that, in any case where a defendant does not testify, before the case is submitted to the jury, the defendant should be called before the court out of the presence of the jury, and advised of his right to testify. If the defendant states he does not wish to testify, he may not be forced to take the stand; however, if he states that he wants to testify he should be permitted to do so. A record should be made of this so that no question about defendant's waiver of his right to testify should ever arise in the future.”
10 later decisions quote this exact passage
e.g. Walker v. State · Spearman v. State
“Section 26 gives an accused the right to testify in his own behalf. The denial of the right of an accused to testify is a violation of his constitutional right regardless of whether the denial stems from the refusal of the court to let a defendant testify ... or whether the denial stems from the failure of the accused's counsel to permit him to testify.”
2 later decisions quote this exact passage
e.g. Neal v. State · 679 So. 2d 208 - King v. State
“[a]ccordingly, we grant the petition for a writ of error coram nobis and remand the case for an evidentiary hearing to determine whether Culberson told his attorney he wanted to testify as a witness in his own behalf and whether the attorney disregarded the request and refused to permit Culberson to testify at either the guilt phase or sentencing phase of his trial.”
1 later decision quote this exact passage
e.g. 456 So. 2d 697 - Culberson v. State

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.