Moore 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. “' “The implication of admissions from • silence rests upon the idea of acquiescence. The maxim is, ‘qui facet, consen-tiré videtur;’ and it never applies, unless, an aquiescence in what is said can be presumed. Neither reason nor law will permit the presumption of acquiescence to be drawn from the silence, unless the circumstances were not only such as afforded the party an opportunity to act or speak, but such also as would properly and naturally call for some action or reply from men similarly situated.””

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

2. ““ * * * Under the particular circumstances surrounding this interrogation we do not think they were such as ‘would have afforded an opportunity to enter a denial or objection’ or ‘naturally would provoke a reply’ as contemplated by the cases on this subject. We think the higher duty here was on the solicitor to question Moore about the accusations Farley had just made than on Moore to speak up, when Farley, and not he, was being questioned.””

   1 later decision quote this exact passage
   e.g. 40 Ala. App. 498 - Pritchett v. State