50 Wash. App. 376 - State v. Lougin’s Empirical Analysis

Citation profile

14 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. “Lougin suggests that the proper procedure would have been to allow him to call [his codefendant] and question her. If at any point she claimed a privilege against answering a question, the trial court could rule on her claim as it related to the specific question asked. Lougin is correct that [the codefendant] had a right to invoke the Fifth Amendment privilege in response to specific questions and that because she was not a defendant in Lougin’s trial, she had no right to decline to testify altogether. It is impossible to know what [his codefendant] would have done if confronted with specific substantive questions. Conceivably, if properly advised as to the scope of her privilege, she could have testified on Lougin’s behalf and still have avoided incriminating herself. Therefore, the trial court erred in not requiring [the codefendant] to take the stand and then claim the privilege as to specific questions.[ 33 ]”

   1 later decision quote this exact passage
   e.g. 180 Wash. App. 830 - State v. Rainey