Whitaker v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that some remarks about a defendant’s silence are less prejudicial and do not require a mistrial or reversal on appeal
• fact that a defendant has exercised the right to remain silent is not to be used against the defendant at trial
• “[T]he fact that a defendant has exercised the right to remain silent is not to be used against the defendant at trial.”
• “[T]he trial 18 court’s instruction as a whole made plain that the commission of aggravated assault with the intent to murder necessitated the intent to take the life of a human being.”
• mistrial required when improper comment on defendant’s exercise of his right to remain silent “substantially prejudice[s] the defendant in the eyes of the jury” (citation and punctuation omitted)

Source: CourtListener parenthetical corpus (CC0).

Cited by

40 cases in this archive cite this case; the 20 most cited are listed.

• Reid v. State
  Supreme Court of Georgia· 2010-02-08· cited 64×
• DELONG v. State
  Court of Appeals of Georgia· 2011-07-06· cited 26×
• Yancey v. State
  Supreme Court of Georgia· 2013-04-29· cited 22×
• Sims v. State
  Court of Appeals of Georgia· 2009-03-05· cited 18×
• Williamson v. State
  Court of Appeals of Georgia· 2012-04-06· cited 16×
• Reese v. State
  Supreme Court of Georgia· 2011-06-27· cited 15×
• Walker v. State
  Supreme Court of Georgia· 2014-03-10· cited 15×
• Issa v. the State
  Court of Appeals of Georgia· 2017-01-31· cited 15×
• Griffin v. State
  Supreme Court of Georgia· 2013-01-22· cited 15×
• Mayberry v. State
  Court of Appeals of Georgia· 2009-11-23· cited 13×
• Johnson v. State
  Court of Appeals of Georgia· 2008-07-24· cited 12×
• Reid v. the State
  Court of Appeals of Georgia· 2017-06-07· cited 11×
• Berryhill v. State
  Supreme Court of Georgia· 2009-03-27· cited 10×
• Newton v. Newton
  Supreme Court of Virginia· 1958-01-20· cited 10×
• Burley v. State
  Supreme Court of Georgia· 2023-05-31· cited 10×
• Moore v. State
  Court of Appeals of Georgia· 2013-02-15· cited 9×
• Dyer v. State
  Supreme Court of Georgia· 2010-05-03· cited 8×
• Traylor v. the State
  Court of Appeals of Georgia· 2015-06-22· cited 8×
• Jackson v. State
  Supreme Court of Georgia· 2023-08-21· cited 7×
• Cobb v. State
  Court of Appeals of Georgia· 2010-03-12· cited 5×

Cites

11 cases in this archive are cited by this case.

• Jackson v. Virginia
  Supreme Court· 1979-10-01· cited 79,490×
• Miranda v. Arizona
  Supreme Court· 1966-06-13· cited 58,288×
• Taylor v. State
  Supreme Court of Georgia· 2000-07-05· cited 40×
• White v. State
  Supreme Court of Georgia· 2006-11-20· cited 37×
• Adams v. State
  Court of Appeals of Georgia· 2007-03-27· cited 31×
• Kennedy v. State
  Supreme Court of Georgia· 2004-02-16· cited 29×
• Mitchell v. State
  Supreme Court of Georgia· 2008-03-28· cited 16×
• Smith v. State
  Supreme Court of Georgia· 2007-09-24· cited 14×
• Parks v. State
  Court of Appeals of Georgia· 2006-09-07· cited 9×
• Price v. State
  Court of Appeals of Georgia· 1999-06-03· cited 8×
• Johnson v. State
  Court of Appeals of Georgia· 2000-08-31· cited 6×