Jones v. State’s Empirical Analysis

Citation profile

31 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “`... the defendant hasn't indicated any remorse. [here the defendant's attorney objected to the remark. His objection was sustained. The court then instructed the jury `that any argument of counsel is not evidence in this case. It is not to be considered as evidence and you are to disregard the statement made by counsel for the state in regards to showing of remorse.' Counsel for the defense then asked for a mistrial which was overruled.] Ladies and Gentlemen, the Charge would show you can consider all of the evidence that you have heard before in the guilt innocence phase as well as this phase. The defendant was on the stand. He said, he admitted that he went out there. Dorothy Jones was shot. He admitted that he blamed her for him not having the farm. He told you that he would do anything to get that farm back. He said he would kill for it under the right situation.' The statement was intended to reflect upon what the appellant had testified about at the guilt or innocence portion of the trial. As such we cannot find that the language was manifestly intended or was of such character that the jury would naturally and necessarily take it to be a comment on the failure of the accused to testify at punishment. The appellant urges us to accept Owen v. State, supra , as controlling authority in this case. While the similarities appellant alludes to are well taken, there is an important distinction between Owen and the instant case. In Owen there was no question that the prosecuto”

   1 later decision quote this exact passage · from the majority
   e.g. Litaker v. State

2. “Here, the comment was highly alluring because the comment was put in front of the jury by the judge, not the prosecutor during closing argument. The effect of this is difficult to quantify, but this was not the typical closing argument situation, where emotions are generally running high, but during the State’s case-in-chief. Juries expect each attorney to represent and advocate the rights and interests of his or her client, but the judge is to be the impartial authority figure that ensures the trial proceeds in a fair and orderly manner. In examining the nature of the comment, we note that it is a direct reference on the accused’s right against self-incrimination, but also implies that any evidence that related to the accused’s state of mind is not of any consequence until the defendant takes the stand. The error was compounded when the prosecutor immediately respond[ed], “Then he can put his client on the stand and have him testify.” This only served to reinforce in the jury’s mind that the defendant should testify about what happened. A curative instruction could serve to negate the effect of a comment such as this, even though the comment was from the judge. However, in this case, the “cure” is almost as debilitating as the poisonous comment. The judge instructs the jury to disregard his comment on the defendant’s failure to testify by stating: “The jury is instructed to disregard any comment I made regarding the issue regarding the gang relevance after we hear from the d”

   1 later decision quote this exact passage · from the majority
   e.g. Bustamante v. State

3. “amounted to directing the jury's attention to the failure of the appellant to testify to these various mental states, which, as there is not showing that they were ever unlocked and their secrecy removed, could have only been known by the appellant, or the appellant was the only person who could have given evidence going to these mental states, which would have required him to give up his right of self-incrimination. We are compelled to agree with appellant's counsel that the attempt by the prosecuting attorney not to comment on the appellant's failure to testify, by using the word”

   1 later decision quote this exact passage · from the majority
   e.g. Litaker v. State