265 N.J. Super. 296 - State v. Tucker’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “At the pretrial Miranda hearing, the circumstances concerning all of defendant’s statements were carefully examined. From the evidence adduced at that hearing, there is no dispute that defendant was first advised of his constitutional rights, and waived them in writing before each and every interrogation. Moreover, he was separately advised of his rights and signed separate waiver forms for each of the three formal statements which he agreed to provide. Upon all occasions, defendant appeared to be sober, alert, attentive, comprehending, and devoid of stress. He was able to read and write, and did read the warnings and waiver aloud to demonstrate his comprehension of them, and had no difficulty in doing so. When questioned by the police, defendant never requested an attorney, and never indicated that he was represented by counsel. Defendant was afforded all courtesies, including breaks for food, coffee, cigarettes, and use of facilities. Only once did defendant ask to see anyone — namely his cousin — and that request was promptly granted. Defendant was never threatened, implicitly or explicitly. At all times, only one officer, or rarely, three officers were present for interrogation, or for witnessing his signature, thus avoiding the appearance that the police were attempting to overpower him. Nor was defendant promised any reward for his cooperation. Nevertheless, defendant was always willing, and sometimes eager, to speak with the police. The trial court found that all of de”

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

2. “Defendant’s argument that he invoked his right to counsel is predicated solely on demarcations on the face of the complaint. In the portion dealing with “[d]efense counsel information,” the box marked “retained” is circled. We view this scant reference to counsel as too slim a reed upon which to rest defendant’s present assertion that he requested the assistance of an attorney. The best that can be said is that after the municipal court judge advised defendant of his right to counsel, Tucker declined the appointment of an attorney on the basis that he had hired a lawyer to represent him some eight months earlier on unrelated drug charges. It is undisputed that defendant made no effort to contact Mr. Rhoads or to procure the services of another lawyer. Only after defendant was formally charged with murder did he seek the assistance of a public defender attorney. Mr. Rhoads’ [sic] prior representation of defendant on the drug charges clearly did not extend to the subsequent complaints charging Tucker with burglary, robbery and murder. * * *. We thus find no basis in the record for defendant’s claim that he invoked his right to an attorney at the initial appearance. [ 265 N.J.Super. at 327-28 , 626 A.2d 1105 (alteration in original).]”

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

3. “Applying these principles, we al-e satisfied that the evidence did not provide a rational basis for instructing the jury on aggravated or reckless manslaughter. We recognize that asphyxiation was one of the causes of death and that there was some evidence that the stabbing took place sometime thereafter. Having said this, the evidence provides scant support for defense counsel’s assertion that the stab wounds were inflicted after death. On the contrary, the medical examiner testified that “the stab wounds of the neck and multiple throat slashings” resulted in “extreme blood loss” which constituted “a major contributing cause of [death].” We view it as sheer speculation, rather than an inference reasonably derived from the medical examiner’s testimony, that the stab wounds, may have been inflicted after death. Moreover, Jeffrey’s eyewitness account of the killing clearly established that the gagging and stabbing of the decedent were essentially contemporaneous acts or, at the very least, related parts of a continuous course of conduct. Defense counsel’s present attempt to dissect defendant’s conduct into discrete, compartmentalized and independent acts is not supported by the evidence. [ 265 N.J.Super. at 331 , 626 A.2d 1105 .]”

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