Martinez v. State’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. “Here, [the defendant] was in custody for the purposes of Miranda; he gave both statements to law-enforcement officials after his formal arrest pursuant to an arrest warrant, and both statements were given at a police station. This indicates that the absence of Miranda warnings at the beginning of the interrogation process was not a mistake based on the interrogating officers’ mistaken belief that appellant was. not in custody, but rather a conscious choice.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. Carl Allen Carter v. State · Jose Vasquez v. State

2. “Upon hearing the warnings only in the aftermath of interrogation and just after making a confession, a suspect would hardly think he had a genuine right to remain silent, let alone persist in so believing once the police began to lead him over the same ground again. A more likely reaction on a suspect's part would be perplexity about the reason for discussing rights at that point, bewilderment being an unpromising frame of mind for knowledgeable decision. What is worse, telling a suspect that 'anything you say can and will be used against you,’ without expressly excepting the statement just given, could lead to an entirely reasonable inference that what he has just said will be used, with the subsequent silence being of no avail.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Carl Allen Carter v. State

3. “By contrast, the circumstances in the instant case reflect, at the very least, a serious misunderstanding by law enforcement, not about whether appellant was in custody, but of the dictates of Miranda. Further, in contrast to El-stad where the initial unwarned statement took place at the defendant’s home and the warned statement was given after transporting the defendant to the police station, the unwarned and warned statements in this case were given during a nearly undifferentiated single event, taking place in the same room as an uninterrupted and continuous process.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Carl Allen Carter v. State