State v. Miller’s Empirical Analysis
2018
Citation profile
6
cited by 6 later decisions
2
states following
July 2019
most recently cited
6 state decisions
Relationships
Relies on Terry v. Ohio · Wainwright v. Sykes · Atlas Roofing Co. v. Occupational Safety & Health Review Commission · State v. Odom · Melka Marine, Inc. v. United States
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]o allow plain error review in a case like this one ... would penalize the government for failing to introduce evidence on probable cause for arrest or other matters bearing on the Fourth Amendment claim when defendant's failure to raise an objection before or during trial seemed to make such a showing unnecessary.”
2 later decisions quote this exact passage“had a probable impact on the jury's finding that the defendant was guilty”
2 later decisions quote this exact passage“[A] defendant could unfairly use plain error review to his tactical advantage. For instance, a defendant might determine that his chances of winning a motion to suppress before or at trial are minimal because he thinks that, once all of the facts come out, he will likely lose. But if we were to allow plain error review when no motion to suppress is filed and hence no record is created, that same defendant might wait to raise a Fourth Amendment issue until appeal and take advantage of the undeveloped record-a record in which some or all of the important facts may never have been adduced-to claim plain error. Cf. United States v. Chavez-Valencia , 116 F.3d 127 , 132 (5th Cir. 1997) ("If, at trial, the government assumes that a defendant will not seek to suppress certain evidence, the government may justifiably conclude that it need not introduce the quality or quantity of evidence needed otherwise to prevail.").”
1 later decision quote this exact passage
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.