State v. Butler’s Empirical Analysis
1978
Citation profile
19
cited by 19 later decisions
2
cited 2 times by the Supreme Court
3
states following
February 1981
most recently cited
17 state decisions
Relationships
Relies on Miranda v. State of Arizona Vignera · Chapman v. State of California · Carnley v. Cochran · Fahy v. Connecticut · Pell v. Procunier
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"No effective waiver of the right to counsel during interrogation can be recognized unless specifically made after the warnings we here delineate have been given. ..... But a valid waiver will not be presumed simply from the silence of the accused after warnings are given or simply from the fact that a confession was in fact eventually obtained."”
2 later decisions quote this exact passage“Failure to request counsel is not synonymous with waiver. Nor is silence. State v. Butler, 295 N.C. 250, 255 , 244 S.E.2d 410, 413 (1978). The United States Supreme Court said in Miranda v. Arizona, supra, 384 U.S. at 470, 475 , 86 S.Ct. at 1626 , 1628:”
1 later decision quote this exact passagee.g. State v. Carter“that a defendant's waiver of counsel must be `specifically made.' In other words, there must be some positive indication by the defendant that he does not wish to have an attorney present during the questioning.”
1 later decision quote this exact passagee.g. State v. Carter
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.