State v. Frank’s Empirical Analysis
1979
Citation profile
2 district · 39 state decisions
How this case has been cited
Cited by 41 later decisions — most recently December 2013 · most notably Tallman v. ABF (Arkansas Best Freight) (1988), State v. Gutierrez (2007)
2 district · 39 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Roberts v. Louisiana · United States v. Crow Dog · State v. Rowell · State v. Fernandez · 16 Wash. App. 254 - State v. Torres
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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * When the error is exposed on appeal, it is met by the stereotyped argument that it is not apparent it in any wise influenced the minds of the jury. The reply the law makes to such suggestion is: that, after injecting it into the case to influence the jury, the prosecutor ought not to be heard to say, after he has secured a conviction, it was harmless. As the appellate court has not insight into the deliberations of the jury room, the presumption is to be indulged, in favor of the liberty of the citizen, that whatever the prosecutor, against the protest of the defendant, has laid before the jury, helped to make up the weight of the prosecution which resulted in the verdict of guilty.””
4 later decisions quote this exact passage“1. The claim of a privilege, whether in the present proceeding or upon a prior occasion, is not a proper subject of comment by judge or counsel. No inference may be drawn therefrom. We do not regard it as necessary for a husband or wife to go upon the stand and there affirmatively “exercise” the privilege not to testify. The decision of a husband in a case like the present one not to call his wife as a witness is a sufficient “exercise” of the privilege to justify invocation of the statutory protection. 2”
1 later decision quote this exact passagee.g. George v. State“If the failure of the husband to call his wife as a witness in his behalf is to be construed as testimony, or as a circumstance against him, his privilege and option in the matter would be annulled, and he would be compelled, in all cases, to introduce her, or run the hazard of being convicted on a constrained, implied confession or admission, or to make explanations for not introducing her which might involve the sacred privacy of domestic life.”
1 later decision quote this exact passagee.g. George v. State
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.