State v. Mauro’s Empirical Analysis

Citation profile

24 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “As for presenting this evidence to the jury to formulate the basis of an opinion as to appellant’s sanity, we believe the practice set forth by the United States Supreme Court is instructive. In Wainwright v. Greenfield, [474] U.S. [284], 106 S.Ct. 634 , 88 L.Ed.2d 623 (1986), the Court held that it is violative of the due process clause to use a defendant’s post-arrest, post-Miranda warnings silence as evidence of sanity. The court interpreted silence to mean “not only muteness” but also “the statement of a desire to remain silent, as well as of a desire to remain silent until an attorney has been consulted.” Id. 106 S.Ct. at 640 n. 13. In other words, the state cannot use the words a defendant v^es to request an attorney as evidence of sanity. However, the state may, through carefully framed questions that avoid any mention of the defendant’s exercise of his constitutional rights to remain silent and to consult with counsel, present evidence that after his arrest, defendant’s behavior appeared rational.”

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

2. “Even if we assume [the requested question] unambiguously raises the issue of the juror’s feelings about the insanity defense, the court’s refusal to ask it is not tantamount to refusal to voir dire on the insanity defense. The trial judge refused to ask the question not because it involved the insanity defense, but because he found that in the form requested, it amounted to argument. Nowhere in the record before us does the trial judge refuse to voir dire about the insanity defense. Appellant’s requested question ... appears to be designed to condition the jurors to the receipt of psychiatric testimony to the effect that appellant was insane at the time of the killings and therefore not legally responsible. As such, the trial court did not abuse its discretion in refusing the question on the ground that it amounted to argument.”

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

3. “This court stated in its prior opinion: Since we have reversed this case on other grounds, we do not need to reach the ultimate issue of whether the doctor’s comment on appellant’s request for counsel constituted fundamental error. However, on remand we direct the trial court to restrict the use of this evidence in accordance with the due process analysis of Wainwright v. Greenfield.... Since the trial court allowed appellant’s counsel to be present, and the right to have counsel present at the evaluation is an unsettled question, it seems fundamentally unfair to later use that request as evidence of sanity. However, the jury should be allowed to be told that appellant was unwilling to fully cooperate with Dr. Cleary.”

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