State v. Mallon’s Empirical Analysis
1996
Citation profile
4
cited by 4 later decisions
1
states following
June 2008
most recently cited
4 state decisions
Relationships
Relies on Miranda v. State of Arizona Vignera · Edwards v. Arizona · Michigan v. Mosley · Davis v. United States · Oregon v. Bradshaw
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]here the right to remain silent is invoked, an inquiry must be made as to the scrupulous honoring of that invocation. . . . It is only if these rights have not been exercised, that the State then has just the "heavy but lesser burden" of demonstrating a knowing, intelligent and voluntary waiver. See State v. Hartley, supra, 103 N.J. at 260-61 , 511 A. 2d 80 ; State v. Kennedy, 97 N.J. 278, 286 , 478 A. 2d 723 (1984). And see Oregon v. Bradshaw, 462 U.S. 1039 , 103 S.Ct. 2830 , 77 L.Ed. 2d 405 (1983). We first consider defendant's invocation of his right to remain silent. Once that has been asserted, it must be "scrupulously honored." Michigan v. Mosley, 423 U.S. 96, 102-03 , 96 S.Ct. 321, 325-26 , 46 L.Ed. 2d 313, 320-21 (1975); Miranda v. Arizona, supra, 384 U.S. at 467 , 86 S.Ct. at 1624 , 16 L.Ed. 2d at 719 ; State v. Johnson, 120 N.J. 263, 282 , 576 A. 2d 834 (1990); State v. Fuller, 118 N.J. 75, 81 , 570 A. 2d 429 (1990); State v. Bey (I), 112 N.J. 45, 66 , 548 A. 2d 846 (1988); State v. Hartley, supra, 103 N.J. at 260-61 , 511 A. 2d 80 ; State v. Kennedy, supra, 97 N.J. at 288 , 478 A. 2d 723 . Further, in Hartley , the Supreme Court cautioned that: [c]are must be taken . . . that there be no blurring of the separate lines of analysis that are followed in respect of the "scrupulously honor" requirement on the one hand and the waiver issue on the other. The distinction between the two concepts stands out in bold relief in this case: given our holding that the failure ”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.