Sykes v. State’s Empirical Analysis

Citation profile

10 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “I want to clarify one thing because I misspoke. I want to make sure you understand where we are in these proceedings. I actually told you the State would make closing remarks, which [the Prosecutor] did on behalf of the State; that you next would hear from [Defense counsel], who would speak on behalf of the defendant; and then, of course, we’ll have another opportunity for the State, according to our rules, the State would have a right to add any rebuttal they wish to make. And then the mater will close at that point, and then I will give you the instructions that you will follow for this case at this stage of the proceedings. Anything else I said is not important for you to know other than the fact that you need to also understand that the defendant in this case has a right to testify or not testify as he chooses, and the defendant has chosen not to testify in the case-in-chief for the defense. And the fact that the defendant has elected not to testify must not be considered by you as indication that the defendant is guilty of the crime charged. I gave you this instruction already. I’m going to give it to you, and you’ll hear it again when I do full-blown instructions which I’ll give you after the State has had an opportunity to do its rebuttal. And the fact that the defendant has chosen not to testify' will not be considered by you as an indication that the defendant is guilty of the crime charged or any applicable related offense or for any other purpose, for that matter. ”

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

2. “Members of the jury, at this time the State and defense have rested their cases. It is typically the time at which you will now hear closing arguments of counsel. We’ll first begin by hearing from the prosecution. Then you’ll hear from the defense. And as you know from earlier instructions that were given to you, the State has a further opportunity to respond to the defense’s statements. You also may be hearing from the defendant if he chooses to do what we call an allocution. It’s entirely up to the defendant, and you may hear about that as we proceed.”

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