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← 657 S.W.2d 232 - Wallen v. Commonwealth

Wallen v. Commonwealth’s Empirical Analysis

1983

Citation profile

18
cited by 18 later decisions
2
states following
December 2016
most recently cited

1 federal appellate · 16 state decisions

How this case has been cited

Cited by 18 later decisions — most recently December 2016

1 federal appellate · 16 state decisions

601983199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Doyle v. Ohio · United States v. Davis · Wells v. Commonwealth · Lynem v. Commonwealth · Meyer v. Commonwealth

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

  1. “[N]ot every isolated instance referring to post-arrest silence will be reversible error. It is only reversible error where post-arrest silence is deliberately used to impeach an explanation subsequently offered at trial or where there is a similar reason to believe the defendant has been prejudiced by reference to the exercise of his constitutional right. The usual situation where reversal occurs is where the prosecutor has repeated and emphasized post-arrest silence as a prosecutorial tool.”
    2 later decisions quote this exact passage
  2. ““We have not engaged in any blanket condemnation of prosecutorial comment related to deterrence. We have condemned argument only where the prosecutor suggests that the jury convict or punish on grounds or for reasons not reasonably inferred from the evidence.””
    1 later decision quote this exact passage
  3. “[t]aken as a whole the prosecutor's argument does not suggest that this defendant be punished inappropriately, but only as 'will fit the situation.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.