Downey v. State’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Officer: Now we are going to talk for a just a little bit, ok, and then I’m gonna try and get you a bond set, stuff like that or whatever we need to do so we can get you on out of this jail, ok? (Officer points out Miranda rights on paper, and reads them aloud.) You haven’t been promised or threatened anything, have you? Nobody’s treated you bad or anything? They treated you good at the jail last night? Downey: Yeah, but I didn’t sleep last night. Officer: Nancy can you put your signature right there for me in those two spots? Downey: (signs the paper) I got a lawyer. Officer: Do what? Downey: I got a lawyer. Officer: Who is that? Downey: Brad Sullivan. Officer: Brad who? Downey: Brad Sullivan. He works at Trustmark Bank. Officer: Do you want to talk to me or do you want to use him? I’ve got to know that okay? Downey: I could use him. Officer: Is he a tall guy? Real tall young man? I know a Brad, but I don’t think he is a Sullivan. But he works there at the bank. He works for Sullivan and.Sullivan? Brad Thompson? Downey: Yeah. Officer: How does he represent you? Downey: He did me ... when we had a wreck. Officer: That’s fíne, Nancy, but.what I need to know is do you want to talk to me now.... I mean I don’t know if I can get him over here right this minute. Do you want to talk with me now, without him, or do you want to wait for him? Downey: I’ll talk with you.”

   1 later decision quote this exact passage
   e.g. 170 So. 3d 481 - John Lee Franklin v. State of Mississippi

2. “[I]f the defendant invokes h[is] right to counsel, the interrogation must cease until an attorney is present. If the interrogation continues without the presence of an attorney and a statement is taken, a heavy burden rests on the government to demonstrate that the defendant knowingly and intelligently waived h[is] privilege against self-incrimination and h[is] right to retained or appointed counsel. Once a defendant asks for counsel, [he] cannot be interrogated further until counsel has been made available, unless the accused [himself] initiates further communication, exchanges, or conversations with the police.”

   1 later decision quote this exact passage
   e.g. 158 So. 3d 1127 - Zachary D. Barnes v. State of Mississippi