State v. Dowling’s Empirical Analysis

Citation profile

4 federal appellate · 67 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 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““During an examination by the police while under arrest a defendant, usually conscious and often cautioned that anything he says may be used against him, well may be restrained from participating in a discussion of the case with police officers by a belief his interests will better be served at the time by exercising his right to remain silent. It is not reasonable to interpret an assertion of right as constituting an admission of guilt. Kelly’s refusal to comment on Washington’s confession may therefore not be construed as an admission of guilt, and is not admissible in evidence against him.” “[I]t cannot be proven that the defendant said he declined to answer on the advice of counsel; or refused to give a statement; or declared he had nothing to say; or had been warned his statements would be used against him. There are still more ruling his silence cannot be used against him when he was in doubt about his rights, as would be true of one who desired to withhold any statement until he had had legal advice.””

   1 later decision quote this exact passage
   e.g. Jones v. United States

2. “Section 22, Art. II of our Constitution [the present Art. I, § 18(a), Mo.Constitution, 1945] provides the accused in a criminal case shall have a right to appear and defend in person and by counsel. This applies also to proceedings before the trial. Section 23 [the present Art. I, § 19, Mo.Constitution, 1945] of the same Article provides no person shall be compelled to testify against himself in a criminal cause. The immunity afforded by this section protects the accused against self-incrimination before any tribunal or in any proceeding. Section 4082, R.S.1939, § 3693 Mo.St.Ann. p. 3247 (now § 546.270, RSMo 1969 [V.A.M.S.]) provides: `If the accused shall not avail himself or herself of his or her right to testify, . . . it shall not be construed to affect the innocence or guilt of the accused.. . .'”

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

3. “The law in this state is that `Silence of the accused when not under arrest, and in circumstances such that only a guilty person would have remained silent, may be shown. After arrest or while in custody the evidence is inadmissible because he is under no duty to speak. State v. Bowdry, 346 Mo. 1090, 1096 , 145 S.W.2d 127, 129 (5). The same is true of undenied accusations made by third parties in his presence. State v. Kissinger, 343 Mo. 781, 786 , 123 S.W.2d 81, 83 (4).' State v. Dowling, 348 Mo. 589 , 154 S.W.2d 749 , loc. cit. 755.”

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