201 So. 2d 832 - Brisbon v. State’s Empirical Analysis
1967
Citation profile
10
cited by 10 later decisions
4
states following
November 1975
most recently cited
10 state decisions
Relationships
Relies on Miranda v. State of Arizona Vignera · Narro v. United States · 246 Cal. App. 2d 450 - People v. Salcido
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Miranda v. State of Arizona, * * requires that a waiver of defendant's right to counsel be made knowingly and intelligently. However, the Fifth Circuit Court of Appeals, speaking in reference to the Miranda decision, in Narro v. United States, 370 F.2d 329 (5 Cir.1966), has said: "`Thus the cases in which it is clear that the warnings have been given must be considered on their own facts in order to determine the question of waiver.' "While it is true that mere silence on the part of the defendant cannot be presumed to be a waiver, it is also true that the defendant need not make the express statement, `I do not wish to be represented by counsel' before a waiver can occur. People v. Salcido, Cal. App. 1966, [ 246 Cal. Rptr.2d 450 ] 54 Cal. Rptr. 820 . To require such statement would be to require form without substance. The only test is whether the defendant, after being warned of his rights, knowingly and intelligently waived his right to counsel. "The record before us indicates that in response to the question, `knowing your rights as they have been related to you, are you now willing to answer questions without having an attorney present?', the defendant answered, `Yes' and proceeded to answer the questions put to him by the police officer."”
1 later decision quote this exact passage“Miranda v. State of Arizona, * * requires that a waiver of defendant's right to counsel be made knowingly and intelligently. However, the Fifth Circuit Court of Appeals, speaking in reference to the Miranda decision, in Narro v. United States, 370 F.2d 329 (5 Cir.1966), has said:”
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.