Dupree v. State’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Once the State put before the jury the fact that [defendant] had been advised of his rights yet offered no evidence of a subsequent statement by Dupree, the inference of [defendant’s silence, and thus his guilt, lay dangling for the jury to grab hold. It may well be so that the jury did “take the bait.” In our nation, the advice of rights upon arrest, and particularly of the right to remain silent upon arrest ... is widely known. Combined with this commonplace knowledge of the right to remain silent and what it signifies is the taint its invocation places on those who exercise it.”

   2 later decisions quote this exact passage · from the majority
   e.g. Harris v. State · Lupfer v. State

2. “What legitimate relevance to the appellant’s guilt or innocence, we ask initially, did it possibly have that he has been “read ... Miranda? ” If he had given a “Mirandized” statement that the State were offering in evidence, then, to be sure, the State might have to show its compliance with Miranda at the very threshold of admissibility. Where no statement was being offered and tested for admissibility, on the other hand, the appellant’s silence in response to the Miranda warnings was immaterial. Indeed, the very fact that appellant had even been interviewed was immaterial.”

   1 later decision quote this exact passage · from the majority
   e.g. 156 Md. App. 20 - Newman v. State

3. “[t]hat the passage may lack authority for finding a constitutional error under the circumstances of the present case does not detract from its essential contention: the irrelevancy of Miranda warnings succeeded by the arrestee’s silence.”

   1 later decision quote this exact passage · from the majority
   e.g. 156 Md. App. 20 - Newman v. State