Moore v. State’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Who is somebody who is capable of being rehabilitated? Ask yourselves, somebody who is capable and willing to be rehabilitated should start with some sort of remorse for what they have done, and ask yourself if James Clarence Moore has at one time shown any shred of remorse for what he did to [complainant]. Defense Counsel: Object to that on commenting on the defendant's failure to testify. The Court: Overruled. Prosecutor: What I'm referring to is the fact that when he was brought back to the scene of the robbery he laughed at her, cursed at her, tried to intimidate her. Is that somebody who is capable of even wanting to be rehabilitated ?”

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

2. “Any defendant in a criminal action shall be permitted to testify in his own behalf therein, but the failure of any defendant to so testify shall not be taken as a circumstance against him, nor shall the same be alluded to or commented on by counsel in the cause.”

   1 later decision quote this exact passage
   e.g. De Los Santos v. State

3. “[i]t is not sufficient that the language used might be construed as an implied or indirect allusion [to the defendant's failure to testify].”

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