410 Pa. Super. 324 - Commonwealth v. Henry’s Empirical Analysis

Citation profile

12 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. “[J]udieial inquiry in each instance should focus on the circumstances attending the defendant’s invocation of his or her right to silence, as well as the circumstances attending any further attempt at questioning. Hence, the test should ask whether the official purpose of resuming questioning was to entice the arrestee to abandon his right to remain silent, or simply to find out whether he or she had a change of mind. Only then can it be concluded whether, in fact, the defendant’s ‘ “right to cut off questioning” was “scrupulously honored.” ’”

   2 later decisions quote this exact passage
   e.g. 2017 Pa. Super. 100 - Commonwealth v. Lukach · 2009 Pa. Super. 78 - Commonwealth v. Harris

2. “... In reviewing this ruling our initial task is to determine whether the factual findings are supported by the record. “In making this determination, we are to consider only the evidence of the prosecution’s witnesses and so much evidence of the defense as, fairly read in the context of the record as a whole, remains uncontradicted.” ... If, when so viewed, the evidence supports the factual findings we are bound by such findings; we may reverse only if the legal conclusions drawn therefrom are in error ...[.] [Citations omitted.]”

   1 later decision quote this exact passage
   e.g. 426 Pa. Super. 167 - Commonwealth v. Swinson