State v. Montoya’s Empirical Analysis
1976
Citation profile
30 state decisions
How this case has been cited
Cited by 30 later decisions — most recently September 2018 · most notably 407 So. 2d 1150 - State v. Mattheson (1981), State v. Procell (1978)
30 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Miranda v. State of Arizona Vignera · Doyle v. Ohio · Cort v. Ash · Michigan v. Tucker · United States v. Hale
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"[E]very post-arrest silence is insolubly ambiguous because of what the state is required to advise the person arrested. Moreover, while it is true that the Miranda warnings contain no express assurance that silence will carry no penalty, such assurance is implicit to any person who receives the warnings. In such circumstances, it would be fundamentally unfair and a deprivation of due process to allow the arrested person's silence to be used to impeach an explanation subsequently offered at trial." [citation and footnote omitted] 96 S.Ct. at 2244 -2245”
5 later decisions quote this exact passage“"In the instant case the defendant did not take the stand. Thus, there is even less justification here for the State to call attention to his silence at the time of arrest than there was in Doyle, because the argument cannot be made that he was under cross-examination and thus fair game for impeachment by use of his silence at the time of his arrest. Therefore, we conclude it was clearly reversible error for the trial court to permit the State to use the arrested person's silence against him at trial...."”
5 later decisions quote this exact passage · from the concurrence“. . . . when a person under arrest is informed, as Miranda requires that he may remain silent, that anything he says may be used against him . . . it seems to me that it does not comport with due process to permit the prosecution during the trial to call attention to his silence at the time of arrest . . . .”
1 later decision quote this exact passage · from the concurrencee.g. State v. Procell
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.