Suber v. State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"MR. SPARLING (Prosecuting Attorney):... As far as tests run on the clothes as to powder burns, I will say this—and they criticized us for not running a test on it, but they didn't tell you that the clothes were submitted for blood type analysis. The State never knew ... "MR. HAUSENFLUCK (Defense Counsel): We object to Counsel testifying, not under oath, outside the record. He said he didn't tell them that. It is not in the records then its testimony on his part and we ask the Court to instruct the jury not to consider it. "THE COURT: The jury will remember what the testimony was. "MR. HAUSENFLUCK: We will ask the Court for a mistrial because of the unsworn testimony of this Counsel. "THE COURT: Overruled. "MR. SPARLING: They told you that we did not run a test as to the powder burns. The argument made by the defendant was that we did not submit the clothes for tests for powder burns. They didn't tell you whether or not we even knew that was going to be the defense's theory in the case."”

   1 later decision quote this exact passage
   e.g. Cherry v. State

2. “The language used must be looked to from the standpoint of the jury, and the implication that the language used had reference to the defendant’s failure to testify must be a necessary one. It is not sufficient that the language might be construed as an implied or indirect allusion thereto.”

   1 later decision quote this exact passage
   e.g. Watts v. State