State v. Brown’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. ““But, if the evidence before the jury disclosed the existence of witnesses or evidence which the accused might have produced in his defense, the statute does not forbid comment upon the fact that the accused has failed to produce such witnesses or evidence. * * * Where no direct allusion is made to the fact, but the error rests in an alleged intent to accomplish such purpose by indirection, each case must be considered upon its own particular facts.” 33 S.D. at 182, 183 , 144 N.W. at 922 .”

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

2. “Comment on the failure of the accused to testify is different from comment on his failure to produce evidence in his defense, when it appears within his power to do so.... It is a matter which the prosecutor must approach with caution and if [the prosecutor] oversteps the line as to call attention of the jury that accused has not taken the stand or offered himself as a witness, the court should grant a new trial.”

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

3. “It is the settled law of this state that it is reversible error for the prosecution to call to the attention of the jury the failure of [a] defendant to testify.”

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