State v. Goode’s Empirical Analysis

Citation profile

4 federal appellate · 2 district · 20 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"At the trial of Mrs. Austin, Goode was called.to testify by their jointly assigned counsel. Although advised by the court of his constitutional right to refuse to testify to any matter which might tend to incriminate him, Goode testified fully and in detail about his relationship with Mrs. Austin and his care and handling of the deceased child. He related how he took care of the child while Mrs. Austin worked. He admitted using physical force as disciplinary measures. On the day of the child's death he admitted shaking the child shortly after which the boy was rushed to the hospital and died. His testimony could serve but one purpose — to deflect the glare of guilt away from Mrs. Austin. Apparently it was not intended or anticipated the state would or could use his testimony against him at his trial. The dilemma of defense counsel is illustrated in the following occurrence during the course of Goode's direct examination at the Austin trial. In response to defense counsel's questioning Goode was relating how on one occasion the Doty child had refused to obey an order and was being defiant. Goode testified he put the child over his knee and 'swatted him twice with my hand'. At this point his counsel moved to strike the statement as it might tend to 'incriminate, this defendant in a later charge against him.' The court denied the motion and counsel stated: 'That's all right. I'm making the motion. Of course, I am trying to defend this defendant, as well. All right. Now, you und”

   2 later decisions quote this exact passage
   e.g. Austin v. Erickson · Donna Austin v. Don R. Erickson, Warden of the South Dakota Penitentiary