Hawk v. State’s Empirical Analysis

Citation profile

5 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Comment about the silence of the accused during arrest violates Article 38.-22, Vernon’s Ann.C.C.P. (1972 Supp), and the Fifth Amendment of the United States Constitution. ‘In accord with our decision today, it is impermissible to penalize an individual for exercising his Fifth Amendment privilege when he is under police custodial interrogation. The prosecution may not, therefore, use at trial the fact that he stood mute or claimed his privilege in the face of accusation.’ Miranda v. Arizona, 384 U.S. 436, 468, n. 37 , 86 S.Ct. 1602, 1625 , 16 L.Ed.2d 694, 720 (1966)”

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

2. “In accord with our decision today, it is impermissible to penalize an individual for exercising his Fifth Amendment privilege. ... The prosecution may not, therefore, use at trial the fact that he stood mute or claimed his privilege in the face of an accusation.”

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