23 Wash. App. 664 - State v. Pierce’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “An express written or oral statement of waiver of the right to remain silent or of the right to counsel is usually strong proof of the validity of that waiver, but is not inevitably either necessary or sufficient to establish waiver. The question is not one of form, but rather whether the defendant in fact knowingly and voluntarily waived the rights delineated in the Miranda case. . . . The courts must presume that a defendant did not waive his rights; the prosecution's burden is great; but in at least some cases waiver can be clearly inferred from the actions and words of the person interrogated.”

   1 later decision quote this exact passage
   e.g. 24 Wash. App. 441 - State v. Marcum

2. “A statement of fact included within a trial court's conclusions of law will be treated as a finding of fact by the reviewing court. Redmond v. Kezner, 10 Wn. App. 332 , 517 P.2d 625 (1973). A finding of fact supported by substantial evidence will not be overturned on appeal. Thorndike v. Hesperian Orchards, Inc., 54 Wn.2d 570 , 343 P.2d 183 (1959). Assuming the above applies to an alleged waiver of a constitutional right, it has no application to the instant case. The finding here was not that the defendant had waived his right to counsel, merely that the statements were”

   1 later decision quote this exact passage
   e.g. 24 Wash. App. 441 - State v. Marcum

3. “necessary or sufficient to establish waiver.”

   1 later decision quote this exact passage
   e.g. 25 Wash. App. 464 - State v. Vannoy