State v. Robinson’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. ““Missouri law strictly forbids the state from commenting on a defendant’s failure to testify. State v. Sidebottom, 753 S.W.2d 915, 920 (Mo. banc 1988). The prosecuting attorney is proscribed from making both direct and indirect references to the defendant’s failure to testify. State v. Lawhorn, 762 S.W.2d 820, 826 (Mo. banc 1988)_ The Missouri Supreme Court has distinguished the difference between direct and indirect references: ‘A direct reference to an accused’s failure to testify is made when the prosecutor uses words such as “defendant,” “accused” and “testify” or the equivalent. An indirect reference is one reasonably apt to direct the jury’s attention to defendant’s failure to testify.’ Lawhorn, 762 S.W.2d at 826 .” State v. Robinson, 825 S.W.2d 877, 881 (Mo.App.1992).”

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

2. “If there is no evidence of involuntary intoxication, and it may fairly be inferred from the evidence that the defendant was intoxicated or drugged to such an extent that his judgment and actions were substantially affected thereby, or that his capacity to know or appreciate the nature, quality, or wrongfulness of his conduct was significantly impaired by reason of intoxication.”

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

3. “You are instructed that a drugged condition from drugs will not relieve a person of responsibility for his conduct.”

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