32 Conn. App. 483 - State v. Daugaard’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The rationale of Doyle is that it would be fundamentally unfair if the state, after having told the defendants, via Miranda warnings, that they have a right to remain silent, later uses the silence against them. The silence of a defendant is ambiguous because it cannot be known whether it is an assertion of his constitutional rights or an indication of his guilt. If a defendant chooses to assert his Miranda rights, the state may not comment on that assertion during trial. State v. Apostle, 8 Conn. App. 216 , 223 , CT Page 15180 512 A.2d 947 (1986).”

   1 later decision quote this exact passage
   e.g. Lewis v. Warden, No. Cv 93-0001767 (Nov. 15, 1999)

2. ““After a witness called by the state has testified on direct examination at trial, the judicial authority shall, on motion of the defendant, order the state to produce any statement of the witness in the possession of the state or its agents, including state and local law enforcement officers, which statement relates to the subject matter about which the witness has testified.””

   1 later decision quote this exact passage
   e.g. State v. Daugaard

3. ““(b) If the prosecution fails to comply with the order of the court, the court shall strike from the record the testimony of the witness and the trial shall proceed unless the court in its discretion shall determine that the interests of justice require that a mistrial be declared.””

   1 later decision quote this exact passage
   e.g. State v. Daugaard