Tucker v. Francis’s Empirical Analysis

Citation profile

14 federal appellate · 11 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he acts of a person of sound mind and discretion are presumed to be the product of the person’s will, but the presumption may be rebutted. A person of sound mind and discretion is presumed to intend the natural and probable consequences of his acts, but the presumption may be rebutted.”

   3 later decisions quote this exact passage · from the majority
   e.g. McCleskey v. Kemp · Tucker v. Kemp

2. “It is not fundamentally unfair to comment on the appellant's silence during the culpability phase as juxtaposed with his exculpatory testimony during the sentencing phase. A defendant is usually told that so long as he does not testify, his failure to testify will not be used against him. In this case, Richard Tucker's failure to testify was not used against him during that portion of his trial in which he invoked the fifth amendment. After he waived his fifth amendment privilege by testifying, any expectations of protection from adverse comment also were waived.”

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

3. “Well, why then did this defendant all of a sudden in this state [ sic ] of the trial get on the stand and start telling you these lies that he's told you — or told you yesterday? It's very simple. The defense is playing games with you.... He tries to confuse you by getting up at this stage of the trial and trying to convince you or plant some little bit of doubt in your mind that he acted alone.”

   1 later decision quote this exact passage · from the majority
   e.g. 105 Wash. 2d 398 - State v. Jeffries