251 So. 2d 890 - Wright v. State’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Wright’s primary point on appeal pertains to the testimony of a police officer. During the interrogation of this witness by the State, he stated: “ ‘ * * * I brought Paul Wright out and talked to him. I advised him of his rights under the Miranda ruling and asked him about the items in the automobile and he had no explanation. I asked him if he would give me * * * > “Defense counsel immediately objected and moved for a mistrial, which motion was denied. Defendant vigorously contends that this remark so prej^ udiced his rights that the failure to grant mistrial was reversible error, citing Miranda v. State of Arizona ( 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 , 10 A.L.R.3d 974 ), Jones v. State ( 200 So.2d 574 (Fla.DCA 3d 1967)), and Galasso v. State ( 207 So.2d 45 (Fla.DCA 4th 1968)). “In Jones, the defendant was accused of snatching a purse and found.in possession of articles identified by the victim as being hers. Upon the authority of Miranda, the Third District Court of Appeal held that the introduction of evidence by the State, without objection, that the accused, while in custody, remained silent in the face of an accusation of guilt, constitutes fundamental error. “In Galasso, the Fourth District Court held that any evidence to the effect that a defendant in custody remained silent is inadmissible where such evidence tends to penalize the defendant for having exercised his right to remain silent. The Supreme Court of Florida, in reviewing Galasso, stated: “ ‘A”

   1 later decision quote this exact passage
   e.g. 260 So. 2d 1 - Zerega v. State