Lopez v. State’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We agree with appellant that ordinarily the trial judge initially must make a direct inquiry on voir dire to determine a witness' claim of privilege. In the determination of this threshold question a witness who claims the privilege against self-incrimination has the burden of establishing his entitlement and this, of course, ... is a matter for the court to determine. Under the circumstances here, however, it would have been an idle exercise of judicial labor to indulge in such inquiry. The facts before the court, and patent from the four corners of the case at the critical posture involved, clearly supported the court's conclusion that [the co-defendant] was entitled to the Fifth Amendment privilege against self-incrimination. It was not error to forego the voir dire examination which, under other circumstances, may ordinarily have been required.”

   1 later decision quote this exact passage
   e.g. 481 So. 2d 1201 - Suarez v. State

2. “under appropriate safeguards devised within the discretion of the trial judge sufficient to insulate the witness from the incriminating effects of what he may be compelled to say.”

   1 later decision quote this exact passage
   e.g. 481 So. 2d 1201 - Suarez v. State

3. “an idle exercise of judicial labor to indulge in such inquiry.”

   1 later decision quote this exact passage
   e.g. 481 So. 2d 1201 - Suarez v. State