State v. Lofquest’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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If the defendant was advised of his rights immediately upon arrest and the prosecutor’s remarks refer to his postarrest, post -Miranda silence, then Doyle v. Ohio, 426 U.S. 610 , 96 S. Ct. 2240 , 49 L. Ed. 2d 91 (1976), governs, and defendant’s due process rights under the 14th amendment may have been violated by the prosecutor’s actions. If the defendant was not immediately advised of his Miranda rights upon arrest and the prosecutor’s remarks refer to postarrest, pr e-Miranda silence, then defendant’s due process rights may not have been violated. Fletcher v. Weir, 455 U.S. 603 , 102 S. Ct. 1309 , 71 L. Ed. 2d 490 (1982), requires a showing of the time the Miranda warnings were administered, since questioning a defendant about his postarrest, pr e-Miranda silence is not unconstitutional. Finally, if the prosecutor’s comments refer to the defendant’s prearrest silence, then State v. Duis, 207 Neb. 851 , 301 N.W.2d 587 (1981) Inapplicable.”

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