State v. West’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Article I, § 19 of the Missouri Constitution provides, in part, ‘That no person shall be compelled to testify against himself in a criminal cause, ... ’ This language prohibits not only comments on the failure of a defendant to testify (see § 546.270, RSMo 1969, and Griffin v. California, 380 U.S. 609 , 85 S.Ct. 1229 , 14 L.Ed.2d 106 (1965)), but also comments which have the effect of compelling a defendant to testify. The use of language which has either effect must be condemned. ‘The effect of the remarks must have been either to coerce the defendant to testify, as has been said, “with a halter about his neck,” or to induce him to remain silent, with knowledge that the jury had been challenged in the outset to observe whether or not he would go upon the stand under the goad of the prosecutor’s statement.’ Coleman v. State, 111 Ind. 563 , 13 N.E. 100, 101 (1887).” State v. Lindsey, 578 S.W.2d 903, 904 (Mo. banc 1979).”

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

2. ““ ‘After all the evidence has been heard, and I assume there will be eight to ten witnesses called by the State, I do not know how many called by the defendant, if any.’ ” Id. at 47.”

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