49 Ala. App. 68 - Diamond v. State’s Empirical Analysis

Citation profile

29 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The remark by the District Attorney was not one that the jury would understand to be a comment on the appellant’s failure to testify. It is the directing of the minds of the jurors to the fact that a defendant has failed to testify that the harm is done. This was an incident of the trial and not intended and could not be construed by the jury as criticizing or commenting upon the defendant’s subsequent failure to testify. While we do not approve of the remark, we do not think it is equivalent to a comment or a reference prejudicial to appellant.””

   2 later decisions quote this exact passage
   e.g. 53 Ala. App. 588 - Breen v. State · 52 Ala. App. 159 - Cook v. State

2. “"The comment in question was made during cross-examination and not during argument, consequently, it should not be construed as a remark on defendant's subsequent failure to testify."”

   1 later decision quote this exact passage
   e.g. 376 So. 2d 1118 - Webber v. State

3. “The admission of testimony of an allegedly intoxicated witness was not error since the weight to be accorded to the testimony is for the jury to say.”

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