Young v. State’s Empirical Analysis

Citation profile

15 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The instruction given to the jury had the effect to demand of the defendant an affirmative explanation for the reason the stolen goods were in his possession. At the same time defendant being in police custodial interrogation within the meaning of Miranda would have had the privilege to remain silent. The privilege to remain silent would be a hollow privilege if that silence would create an inference of guilt at the trial. The fact that the defendant remained silent was used against him at trial in the form of the aforementioned jury instruction in violation of the defendant's Fifth Amendment privilege under the Miranda decision."”

   3 later decisions quote this exact passage
   e.g. State v. Young · Young v. Wainwright

2. “failure to explain possession of stolen goods could not thereafter create an inference of guilt at his trial.”

   2 later decisions quote this exact passage
   e.g. State v. Young · 209 So. 2d 477 - Shaw v. State

3. “"I further instruct you, that where it is known beyond a reasonable doubt that a building has been entered and property stolen therefrom, and soon thereafter, the property is found in the possession of the persons charged with entering the building with intent to steal, such possession unexplained may warrant the inference that 'such person not only stole the goods, but that they broke and entered the building with intent to steal." (Emphasis supplied)”

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