State v. Taft’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. “By speaking, the defendant has chosen unambiguously not to assert his right to remain silent. He knows that anything he says can and will be used against him and it is manifestly illogical to theorize that he might be choosing not to assert the right to remain silent as to part of his exculpatory story, while invoking that right as to other parts of his story. While a defendant may invoke his right to remain silent at any time, even after he initially waived his right to remain silent, it does not necessarily follow that he may remain selectively silent.... [T]here must be some indication that the defendant has invoked the right to remain silent.... We do not view the defendant's response and gestures as an invocation of the right to remain silent.... We conclude that the defendant's statements were properly admitted, including [the police officer's] testimony regarding the defendant's gestures, and, therefore, a proper subject for prosecutorial comment in closing argument.”

   1 later decision quote this exact passage
   e.g. 166 Conn. App. 255 - State v. Silva

2. “[w]hen asked if he knew that the car was stolen, the defendant did not immediately answer but looked down, smiled, shrugged, smirked. The interrogation went on to other topics and eventually ended after about one hour.”

   1 later decision quote this exact passage
   e.g. 166 Conn. App. 255 - State v. Silva