State v. Howe’s Empirical Analysis

Citation profile

70 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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Preparatory steps in the Government’s investigation such as analyzing of] fingerprints, blood sample, clothing, hair [are not] critical stages at which the accused has the right to the presence of his counsel. Knowledge of the techniques of science and technology is sufficiently available, and the variables and techniques few enough, that the accused has the opportunity for a meaningful confrontation of the Government’s case at trial through the ordinary processes of cross-examination of the Government’s expert witnesses . . . . The denial of a right to have his counsel present at such analyses does not therefore violate the Sixth Amendment; they are not critical stages since there is minimal risk that his counsel’s absence at such stages might derogate from his right to a fair trial.”

   1 later decision quote this exact passage · from the dissent
   e.g. State v. Kennison

2. “Any interview of one suspected of a crime by a police officer will have coercive aspects to it, simply by virtue of the fact that the police officer is part of a law enforcement system which may ultimately cause the suspect to be charged with a crime. But police officers are not required to administer Miranda warnings to everyone whom they question. . . . Miranda warnings are required only where there has been such a restriction on a person’s freedom as to render him “in custody.” It was that sort of coercive environment to which Miranda by its terms was made applicable, and to which it is limited.”

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

3. “Admittedly, there will be bona fide occasions where!a witness will come to the attention of the State just-before, or even during, trial. If no bad faith is' involved^; dh the interests of justice, the testimony ought to be received. But the rights of the defendant müst also be honored. Depending on the circumstances, this may range from1 a recess for interview or deposition purposes, to a continuance. This is for the trial court to determine. - ■ m.”

   1 later decision quote this exact passage · from the dissent
   e.g. State v. Burnham