Public-domain · open source
OpenJurist
← 440 So. 2d 454 - Bain v. State

440 So. 2d 454 - Bain v. State’s Empirical Analysis

1983

Citation profile

3
cited by 3 later decisions
1
states following
March 1985
most recently cited

3 state decisions

Relationships

Relies on Miranda v. State of Arizona Vignera · Bennett v. State · Russ v. State

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

  1. “... The law is clear that a defendant's invocation of his right to remain silent may not be used against him. Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966); Bennett v. State, 316 So.2d 41 (Fla. 1975). In Trafficante v. State, 92 So.2d 811 (Fla. 1957), the Supreme Court prohibited any such comment, without regard to the character of the comment, or the motive or intent with which it is made. If such a comment is subject to an interpretation which would bring it within the constitutional prohibition, regardless of its susceptibility to a different construction, it constitutes reversible error.”
    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.