54 Ala. App. 233 - Lamberth v. State’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “On the trial of all indictments, complaints or other criminal proceedings, the *Page 1234 person on trial shall, at his own request, but not otherwise, be a competent witness, and his failure to make such a request shall not create any presumption against him nor be the subject of comment by counsel. If the district attorney makes any comment concerning the defendant's failure to testify, a new trial must be granted on motion filed within 30 days from entry of the judgment.”

   1 later decision quote this exact passage
   e.g. 375 So. 2d 1231 - Ex Parte Yarber

2. “"Where there has been direct comment on defendant's failure to testify, and the trial court has not promptly acted to cure such a statement, the conviction must be reversed." [Emphasis added].”

   1 later decision quote this exact passage
   e.g. 389 So. 2d 527 - Coble v. City of Birmingham

3. “"That in all criminal prosecutions, the accused * * * shall not be compelled to give evidence against himself * *."”

   1 later decision quote this exact passage
   e.g. 370 So. 2d 736 - Whitt v. State