237 So. 2d 737 - State v. Craig’s Empirical Analysis

Citation profile

27 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"In determining whether proper warnings with respect to right to counsel and right to remain silent have been given to a suspect, factors to be considered are whether the suspect understood that he did not have to speak, the consequences of speaking, and that he had a right to counsel before and while doing so if he wished. "A statement by the accused that he fully understands and waives his rights is not an essential link in the chain of proof. Waiver may be shown by attendant circumstances. United States v. Hayes, 385 F.2d 375 (4th Cir.1967), certiorari denied, 390 U.S. 1006 , 88 S.Ct. 1250 , 20 L.Ed.2d 106 (1968)."”

   2 later decisions quote this exact passage · from the majority
   e.g. Fowler v. State · 335 So. 2d 566 - Lucas v. State

2. ““A verbal acknowledgment of understanding and willingness to talk, followed by conduct which is consistent only with a waiver of his right to have a lawyer present, by one who has been advised of his rights, constitutes an effective waiver of his right to counsel at that stage of the proceeding.””

   2 later decisions quote this exact passage · from the majority
   e.g. Ware v. State · 284 So. 2d 485 - Phillips v. State

3. “The Miranda decision does not require the interrogator to give legal advice, but only that defendant is told his constitutional rights and makes an intelligent waiver of counsel. The determination for need of counsel is the defendant's prerogative.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Glatzmayer