State v. McIntosh’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The State correctly explains other courts have held a defendant may open the door to cross-examination for impeachment purposes by testifying or creating the impression through his defense presentation he has cooperated with police when, in fact, he has not. Such cross-examination is permissible, as the Supreme Court recognized in Doyle by noting a prosecutor may challenge a defendant's contention he told his exculpatory story to police when he actually did not.”

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

2. “at length about his failure to present his alibi defense to police after he was arrested and given the Miranda warnings.”

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

3. “did not, explicitly or implicitly, assert he cooperated with police.”

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