State v. Bufalo’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Comment on the failure of a defendant to testify is a violation of the constitutional privilege against self-incrimination, [citations omitted] Missouri cases have required a “direct, unambiguous and unequivocal prosecutorial comment” on the failure of the defendant to testify, [citation omitted] The challenged statement must constitute either a direct reference or “such indirect reference thereto that it was reasonably apt to have directed the jury’s attention to the fact he did not testify.” [citations omitted] Under the direct reference test, the use of the words “defendant,” “accused” and “testify” is crucial, [citations omitted] These words were not used in the challenged statement. Under the indirect reference test, the court is required to view the challenged statement in the context in which it appears. [citation omitted] Evaluation of the prejudicial impact of a particular statement, however, is a matter within the discretion of the trial court and, absent an abuse of discretion, will not be disturbed on appeal, [citations omitted]”

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