Reeves v. State’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““With regard to the privilege against self-incrimination, the ‘correct’ rule is that ‘a witness, other than the defendant himself, cannot refuse to take the stand and testify by “taking the Fifth.” A witness may only invoke his Fifth Amendment privilege against self-incrimination after he has been sworn and asked a question which would elicit incriminating evidence if answered by such witness.’ Reeves v. State.””

   2 later decisions quote this exact passage
   e.g. 611 So. 2d 1207 - Matthews v. State · 587 So. 2d 1249 - JDS v. State

2. “"THE COURT: Well, Mr. Marsal, I will have to advise you that the Court grants this man the right not to testify. "MR. MARSAL: All right, sir. In order that my record be protected under the ruling of the Court, I will proceed at this point to elicit from this witness certain questions — "THE COURT: I've already elicited all the information we're going to elicit. He's told me that he claims his rights and immunities under the Constitution. I say that he has a right to do it, and I'm going to excuse him as a witness. "MR. MARSAL: All right, sir. Let me have my record, please, sir. "THE COURT: I'll give you an exception. I think that'll protect you. You've called him as a witness. You say you want to use him, and I'm sustaining his attorney's objection and his request — the witness' request not to testify.”

   1 later decision quote this exact passage
   e.g. 463 So. 2d 177 - Ex Parte Reeves

3. “"MR. HANLEY: Your Honor, for the record, my name is Neal Hanley, and I represent the witness, Ernest Trehern, who has been indicted for an attempted murder involving this same fact situation, I have advised my client not to testify — to invoke his privilege under the Fifth Amendment of the United States Constitution, as I think any answers — any testimony — concerning the evening of this occurrence will tend to incriminate him.”

   1 later decision quote this exact passage
   e.g. 463 So. 2d 177 - Ex Parte Reeves