Montgomery v. State’s Empirical Analysis
1965
Citation profile
3 federal appellate · 39 state decisions
How this case has been cited
Cited by 43 later decisions — most recently November 1992 · most notably State v. Outten (1968), Pugh v. Rainwater (1973)
3 federal appellate · 39 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Gideon v. Wainwright · Escobedo v. Illinois · McNabb v. United States · Mallory v. United States · Culombe v. Connecticut
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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"We have also considered the question of whether the appellant was denied `due process' of law when he was interrogated by police officers immediately after his arrest without being `effectively' warned of his right to remain silent or that his statements might be used against him, and in the absence of legal counsel. "The mandate of the Sixth Amendment of the federal constitution, as made obligatory upon the states by the Fourteenth Amendment, Gideon v. Wainwright, supra [ 372 U.S. 335 , 83 S.Ct. 792 , 9 L.Ed.2d 799 ], guarantees to an accused person the right to legal counsel `in all criminal prosecutions.' Before a suspect has been formally charged with a crime while the investigative processes are still going on there is no `criminal prosecution' to which this constitutional guaranty can attach. And the mandate of the Fifth Amendment to the federal constitution and Section 12 of the Declaration of Rights, F.S.A. of the Florida Constitution is that a person shall not be `compelled in any criminal case to be a witness against himself' which mandate is, under our well settled rule, satisfied by proof that an extrajudicial confession was freely and voluntarily made, as noted above. Accordingly, it must be held that the appellant's contention in this respect is likewise without merit."”
2 later decisions quote this exact passage“A prosecution may be instituted and maintained regardless of whether such a hearing is or is not held, and regardless of whether probable cause to hold the accused for trial is or is not found.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.