321 So. 2d 349 - State v. Wallace’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “But the prosecution may compel a witness to testify against himself only if it guarantees that his testimony will not be used against him in any judicial proceeding, except for perjury in giving such testimony; an immunity statute is constitutional only if its scope is coextensive with the privilege against self-incrimination. Hence, neither the compelled testimony of a witness that was obtained in one forum, nor the fruits of such testimony, can be used against him in another forum. The fifth amendment, however, like the instant immunity provision, proscribes only the use of compelled inculpatory testimony, not testimony given voluntarily. The privilege against self-incrimination is a personal right, which may be waived. It is "solely for the benefit of the witness, and is deemed waived unless invoked." (Citations omitted).”

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

2. “It cannot be said, therefore, that his [defendant] testimony was compelled merely because he was subpoenaed to testify.”

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

3. “solely for the benefit of the witness, and is deemed waived unless invoked.”

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