Hovis v. State’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The natural, even inevitable, inference which is raised in the jury’s mind when an alleged accomplice refuses to testify is that the withheld testimony would be damaging, not only to the witness, but also to the defendant. Thus, the mere refusal to speak indelibly implants adverse inferences in the minds of the jurors and reaches them in a form not subject to cross-examination. Blakes refusal to testify 'may well have been the equivalent in the jury’s mind of testimony.’ Douglas v. Alabama (1965), 380 U.S. 415, 419 , 85 S.Ct. 1074, 1077 , 13 L.Ed.2d 934, 937 .” Id. at 695-6, 310 N.E.2d at 559 .”

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

2. “"As to the question of whether the admission of the photograph was unduly prejudicial notwithstanding its substantial independent probative value, we note with disapproval the State made no attempt to disguise the fact this photograph was a mug shot. It is quite apparent it would have been easy to do so in this case with a snip of the scissors. This is something that should be done to mug shots before they are used at trial, even where the photograph has substantial independent probative value."”

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