Whitmore v. State’s Empirical Analysis

Citation profile

2 federal appellate · 28 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A.R.E. Rule 609 prevents the use of prior convictions more than 10 years old for impeachment purposes. It is based upon the concept that a crime committed more than 10 years ago is no longer probative of a witness’s truthfulness at the time of trial. On the other hand, the aggravating circumstances statute Ark.Code Ann. § 5-4-604 (1987), is not concerned with the defendant’s character at the time of trial, for the jury already knows the defendant has just recently committed a murder. Instead, this statute is concerned with disclosing whether the defendant’s history establishes such a propensity for violence that it will reoccur. Once the jury knows about a defendant’s past propensity for violence, it can weigh that against any mitigating circumstances. In striking this balance the jury determines if the defendant has such a marked propensity for violence that it would likely manifest itself again in the future. If the jury determines beyond a reasonable doubt that the defendant will strike again, it may sentence him to death. Given the special perspective of a jury in the sentencing phase of a capital trial, a twenty-three-year-old violent felony conviction is highly relevant. Therefore, A.R.E. Rule 609 does not prevent the introduction of felony convictions more than 10 years old to show a propensity to violence in the penalty phase, (citation omitted).”

   3 later decisions quote this exact passage
   e.g. Whitmore v. Lockhart · Sanders v. State

2. “This Court’s holding in Miranda specifically required that the police inform a criminal suspect that he has the right to remain silent and that anything he says might be used against him. There is no qualification of this broad and explicit warning. The warning, as formulated in Miranda, conveys to a suspect the nature of his constitutional privilege and the consequences of abandoning it. Accordingly, we hold that a suspect’s awareness of all the possible subjects of questioning in advance of interrogation is not relevant to determining whether the suspect voluntarily, knowingly, and intelligently waived his Fifth Amendment privilege.”

   1 later decision quote this exact passage
   e.g. 91 Ark. App. 271 - Rameriz v. State

3. “Do you understand that if you cannot afford a lawyer, one will be appointed for you by the court before any questioning if you so desire?”

   1 later decision quote this exact passage
   e.g. Whitmore v. Lockhart