183 Wis. 2d 478 - State v. Walkowiak’s Empirical Analysis

Citation profile

16 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"... in a case such as this, an appropriate response to the question, "Do you think I need a lawyer," would be to inform the suspect that the decision is one for him or her to make ..., and then to ask for a decision .... Detective Sorenson's response to Thiel's equivocal expression of interest in counsel was insufficient to protect Thiel's right to counsel under Edwards . Detective Sorenson began to clarify the defendant's equivocal response by informing him that the decision was solely the defendant's to make. After imparting this information to the defendant, Sorenson failed to ask defendant Thiel what his decision was. Detective Sorenson merely waited for Thiel to sign the waiver form. The detective neglected to clarify Thiel's ambiguous request for counsel. Mere signing of a waiver statement after a request for counsel has been made is not a valid waiver ...." (emphasis in original; citations omitted). Memorandum Decision, p. 13.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 183 Wis. 2d 505 - State v. Thiel

2. “If ... [a suspect] indicates in any manner and at any stage of the process that he wishes to consult with an attorney before speaking there can be no questioning.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 190 Wis. 2d 386 - State v. Long

3. “[t]he police must cease all interrogation, except they may attempt to clarify the suspect's desire for counsel.”

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