Davis v. State’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[W]e do consider this an appropriate occasion to voice our disapproval of any comment absent waiver by the prosecution of an accused’s silence resulting from the exercise of his constitutional rights. Article I, section 9 of Alaska’s constitution provides in part that “No person shall be compelled in any criminal proceeding to be a witness against himself.” In another context in Bargas v. State, 489 P.2d 130, 133 (Alaska 1971), we commented that: One’s assertion of his constitutional right not to submit to a search of his person cannot be used as evidence of guilt if this constitutional right is to have any meaning. ... It was error to allow Herl to testify as to appellant’s refusal to submit to a search. There is considerable federal precedent to the effect that an inference of guilt may not be drawn from a failure to speak or to explain when a person has been arrested. [Footnote omitted.]”

   3 later decisions quote this exact passage
   e.g. Adams v. State · Gunnerud v. State

2. ““It is unlawful for any person to manufacture, possess, have under his control, sell, prescribe, administer, dispense, give, barter, supply or distribute in any manner, or compound any narcotic drug except as authorized in this chapter.””

   2 later decisions quote this exact passage
   e.g. Thomas v. State · Elson v. State