Nelson v. State’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A]n accused, taking the stand on his own behalf, waives the privilege [of refusing to testify], so that his testimony may be used against him at a subsequent trial of the same case. (Emphasis added)”

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

2. “that an accused testifying before a jury on the issue of guilt retains the right to reclaim his privilege to exclude any testimony given by him in a hearing conducted by the trial judge outside the presence of the jury in order to hear voir dire examination by the State to determine admissibility of his own testimony the State proposes to offer against accused, and the trial court rules his testimony inadmissible for its intended purpose and withholds it from the jury.”

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

3. “[w]hat happened in [that] cause [was] clearly the functional equivalent of the State recalling a defendant to testify...”

   1 later decision quote this exact passage · from the concurrence
   e.g. Bryan v. State