State v. Stoddard’s Empirical Analysis

Citation profile

2 district · 158 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 167 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “a suspect validly waives the presence of counsel only means for the moment the suspect is foregoing the exercise of that conceptual privilege. ... Faced with a concrete offer of assistance, however, a suspect may well decide to reclaim his or her continuing right to legal assistance. To pass up an abstract offer to call some unknown lawyer is very different from refusing to talk with an identified attorney actually available to provide at least initial assistance and advice, whatever might be arranged in the long run. A suspect indifferent to the first offer may well react quite differently to the second.... We cannot therefore conclude that a decision to forego the abstract offer contained in Miranda embodies an implied rejection of a specific opportunity to confer with a known lawyer.”

   2 later decisions quote this exact passage
   e.g. 163 Ill. 2d 414 - People v. McCauley · 174 Conn. App. 401 - State v. Purcell

2. “The critical inquiry is whether the information withheld by the police would have changed the defendant's appraisal and understanding of the circumstances of the waiver.”

   2 later decisions quote this exact passage · from the dissent
   e.g. 48 Conn. Super. Ct. 104 - State v. Sostre · 163 Ill. 2d 414 - People v. McCauley

3. “has had a long history of recognizing the significance of the right to counsel, even before that right attained federal constitutional importance.”

   2 later decisions quote this exact passage
   e.g. 174 Conn. App. 401 - State v. Purcell · State v. Purcell