State v. Williams’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. “Here the concern was with the venire-person’s prejudice against Brooks if he did not testify. But in fact Brooks did testify at trial. The Fifth Amendment establishes a defendant’s privilege against self-incrimination, but this privilege may be waived when he becomes a witness in his own behalf. Any abuse of discretion on the trial court’s part not to strike the venireperson was cured when Brooks decided to take the stand. Brooks does not even hint of his making an election to testify because the juror in question actually served on the jury. If such was the case it would have been incumbent upon the defendant to have made a record as to his intention to have not testified but for this juror’s presence on the jury.”

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

2. “Brooks controls the disposition of this appeal. This court holds that any abuse of discretion on the trial court’s part in not striking venireperson Durham for cause was cured by defendant’s testifying in his own behalf before the jury. Defendant’s point has no merit.”

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