State v. Barthelme’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[W]itness must have testified under agreement with the prosecuting attorney, approved by the court, or must have claimed privilege which was denied.”

   2 later decisions quote this exact passage
   e.g. ASHTON v. STATE · ASHTON v. STATE

2. “[A]uthorities in other jurisdictions have made clear that their statutes also assume compulsion as a prerequisite. These jurisdictions (depending on the particular wording of their immunity statute), differ as to the form the compulsion must take, as well as whether the statute is "self-executing" or requires invocation of the Fifth Amendment privilege before it can apply. Nevertheless, despite such variations, we have found no jurisdiction that allows immunity to attach without the presence of some type of compulsion.”

   1 later decision quote this exact passage
   e.g. 51 Va. App. 535 - Murphy v. Commonwealth

3. “The point that was missed by the court below in the instant case is that a defendant in Barthelme's position cannot claim immunity from prosecution by showing he volunteered a statement which incriminated him. Compulsion is a condition precedent for immunity.”

   1 later decision quote this exact passage
   e.g. 51 Va. App. 535 - Murphy v. Commonwealth