490 So. 2d 21 - State v. Kinchen’s Empirical Analysis

Citation profile

55 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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[a]ny comment which is "fairly susceptible" of being interpreted by the jury as referring to a criminal defendant's failure to testify constitutes reversible error....”

   4 later decisions quote this exact passage · from the dissent
   e.g. 701 So. 2d 1258 - Walker v. State · 583 So. 2d 371 - Love v. State

2. “fairly susceptible of being interpreted by the jury as a comment on the defendant's failure to testify.”

   4 later decisions quote this exact passage
   e.g. 491 So. 2d 1143 - State v. Thornton · 522 So. 2d 802 - Jackson v. State

3. ““[0]ur law prohibits any comment to be made, directly or indirectly, upon the failure of the defendant to testify. This is true without regard to the character of the comment, or the motive or intent with which it is made, if such comment is subject to an interpretation which would bring it within the statutory prohibition and regardless of its susceptibility to a different construction. ””

   1 later decision quote this exact passage · from the concurrence
   e.g. Smith v. State