State v. Rober’s Empirical Analysis

Citation profile

2 district · 37 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The endorsement of the names of witnesses upon an information at the trial is largely within the discretion of the trial court, and in the absence of some showing of abuse or some bad faith on the part of the state's attorney in purposely withholding the name of such witness until such time, resulting in substantial prejudice to the accused, the order of the court permitting the endorsement of such names will not constitute grounds for reversal." State v. Rober, 1972, 86 S.D. 442, 445 , 197 N.W.2d 707, 709 .”

   2 later decisions quote this exact passage
   e.g. State v. Boardman · State v. Provost

2. “The instruction does not compel the testimony of the defendant—it simply states a rule relating to circumstantial evidence from which the jury has a right to infer guilt; the inference of guilt does not arise from the defendant's failure to explain, but from the fact of possession of recently stolen goods. There is no duty to explain the possession of such goods. The accused may explain his possession at the appropriate time, but he is not required to do so. Even if he does come forward with an explanation, the jury is not required to believe it. State v. Young [1968, Fla., 217 So.2d 567 ] supra. We find nothing in the instruction repugnant to the defendant's constitutional or statutory rights.”

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