State v. Goyet’s Empirical Analysis

Citation profile

3 federal appellate · 2 district · 96 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 105 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “How is the jury to know that such failure [to testify] shall not be considered as evidence against the respondent unless the court tells it so in the language of the statute? Was it the intention of the Legislature, that a jury should be allowed, in its deliberations to speculate about it? Undoubtedly, the members of the jury, or some of them would do so and such failure would be a matter of discussion in the jury room. We do not think that the Legislature had that intention and thus, without any instruction from the court, leave the matter open for the jury with no guide as to the law.”

   2 later decisions quote this exact passage
   e.g. State v. Martin · State v. Martin

2. “"The underlying rule of statutory construction is to discover the intent of the Legislature in doing what it has done or attempted. Town of Randolph v. Montgomery, 109 Vt. 130, 136 , 194 A. 481 ; it is the fundamental rule of statutory construction that the intention of the Legislature must be ascertained and given effect. Pelton's Ex'r. v. Dumas, 117 Vt. 13, 16 , 84 A.2d 408 . The intention of the Legislature constitutes the law. State Highway Board v. Gates, 110 Vt. 67, 73 , 1 A.2d 825 ; Riley v. Riley's Estate, 114 Vt. 297, 300 , 44 A.2d 153 . When words of common use are found in the statute, they are to be taken in their ordinary sense, unless a contrary intention clearly appears. State v. Levine, 117 Vt. 320, 322 , 91 A.2d 678 ."”

   1 later decision quote this exact passage
   e.g. Taconic Racing & Breeding Ass'n v. Vermont Department of Public Safety

3. ““The basic test in connection with the admission of a confession is; — Was it voluntarily given? Is there any evidence of threats, promises or course of conduct that tends to show that the confession was not a voluntary act? State v. Watson, 114 Vt. 543, 550 , 49 A. 2d 174 ; 22 C.J.S. Criminal Law § 817. This question is a preliminary one for the determination of the trial court. Unless it can be said as a matter of law that the decision was wrong, it must stand. State v. Blair, 118 Vt. 81, 85 , 99 A. 2d 677 . The court, by admitting the confession after hearing evidence of the circumstances attending the giving of it, impliedly held that it was voluntarily given. State v. Blair, supra, 118 Vt. at page 89 , 99 A. 2d at page 682 .””

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