State v. Jackson’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. “... It [the majority holding] extends the breadth of Montana's constitutional provision beyond that afforded by the United States Constitution and overrules sub silento this Court's own interpretation of Montana's privilege against self-incrimination [obviously referring to the statements in Armstrong and Finley that Montana's constitutional provision against self-incrimination had only the meaning that the United States Supreme Court chose to give to it.]”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Jackson

2. “[R]efusal to take a chemical test for intoxication may indicate the defendants’ fear of the results of the test and his consciousness of guilt, and if the defendant has some other explanation for the refusal, such explanation can be considered by the jury in determining whether the refusal is to be construed as consciousness of guilt. It would appear to me that such evidence could support an inference of consciousness of guilt. * * ””

   1 later decision quote this exact passage · from the majority
   e.g. McKay v. Davis