Pecina v. State’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We ... disagree with the dissent's assertion that whatever occurred at the article 15.17 hearing did not implicate Edwards [v. Arizona, 451 U.S. 477 , 101 S.Ct. 1880 , 68 L.Ed.2d 378 (1981)] because Pecina had somehow "not yet been approached for interrogation.” Dissenting op. at 272. The record belies any such interpretation. The detectives did not just happen to show up at Pecina’s hospital room. They went to the hospital to arrest Pecina and to interrogate him and brought with them the magistrate to administer his Miranda warnings; they walked into his room with the magistrate; the magistrate explained to Pecina that the detectives wanted to talk to him; and they waited in the hall while she administered the warnings. After he had invoked his right to counsel, they proceeded to re-enter the room and conduct their interrogation after reading Pecina his Miranda rights a second and third time. [[Image here]] Nor did Pecina invoke his Fifth Amendment right to counsel "anticipatorily,” as the dissent asserts, using a term referenced in dictum by the majority opinion in Monte-jo. ... Pecina asked for appointed counsel in response to being advised that he was entitled to counsel during any questioning and while the police waited to do just that. His request was precisely for the sort of assistance of counsel that is the subject of Miranda.”

   1 later decision quote this exact passage
   e.g. Pecina, Alfredo Leyva

2. “(2) You have a right to hire a lawyer and have him/her present prior to and during any interview arid questioning by peace officers or attorneys representing [the] state; (3) If you cannot afford a lawyer, you have the right to request the appointment of a lawyer to be present prior to and during any such interview and you have the right to have an attorney appointed to represent you if you cannot afford an attorney. This means you may obtain your own lawyer or have a lawyer appointed for you. You may have reasonable time and opportunity to consult your lawyer if you desire. [The form then describes the paperwork necessary to obtain indigent status for counsel]; (4) You have the right to. remain silent. You do not have to speak to the police; (5) You are not required to make a statement, and any statement you make can and [may be] used against you in court; (6) You have the right to stop any interviewing or questioning at any time. If you decide to answer questions, you may stop the questioning at any time; (7) You have the right to have an examining trial if you are charged with a felony offense; and (8) You may be subject to deportation if you are not a U.S. citizen.”

   1 later decision quote this exact passage
   e.g. Pecina, Alfredo Leyva