Garrett v. State’s Empirical Analysis

Citation profile

57 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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The test to determine whether or not the error is harmless error is not whether a conviction could have been had without the improper argument [evidence], but whether there is a reasonable possibility that the argument complained of might have contributed to the conviction.”

   2 later decisions quote this exact passage
   e.g. Litaker v. State · Graue v. State

2. “To violate the right against self-incrimination, the offending language must be viewed from the jury’s standpoint and the implication that the comment referred to the defendant’s failure to testi fy must be clear. It is not sufficient that the language might be construed as an implied or indirect allusion. The test is whether the language used was manifestly intended or was of such a character that the jury would necessarily and naturally take it as a comment on the defendant’s failure to testify. In applying this standard, the context in which the comment was made must be analyzed to determine whether the language used was of such character.”

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

3. “The above argument of the prosecuting attorney also constituted an indirect comment upon the appellant's failure to produce testimony other than his own. It was outside the record because there was nothing whatsoever to reflect that the appellant had any witness who could have testified to the defense of alibi.”

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