State v. Storey’s Empirical Analysis

Citation profile

2 federal appellate · 7 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[T]he Fifth Amendment requires that a criminal trial judge must give a ‘no-adverse-inference’ jury instruction when requested by a defendant to do so.” Carter, 450 U.S. at 300 , 101 S.Ct. 1112 . There is “no basis to distinguish between the guilt and penalty phases of [a] capital murder trial so far as the protection of the Fifth Amendment privilege is concerned.” Estelle ... Therefore, when a defendant does not testify in the penalty phase of a capital murder trial, the court must give a “no-adverse-inference” instruction if the defendant so requests.”

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

2. “Under the law, a defendant has the right not to testify. No presumption [of guilt] may be raised and no inference of any kind may be drawn from the fact that the defendant did not testify.”

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