State v. Halk’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Q. (By the prosecutor) And what happened up there that you know about? A. George got out, he got out before I did and he said something to Louie. I don’t know, I can’t say what it was, what he said to him. But then whenever I got out, I walked up and told Louie that he was under arrest. Q. And what did you do then? A. George handcuffed him and Louie asked me, he said, “Can I get some more clothes?” And I said, “No, but your wife can get them for you.” * * * * ⅜ * Q. And what happened next? A. I read him his rights and George or me one asked him what happened and he told me he’d rather not talk about it. Q. Did he explain that at all? A. Sir? Q. Did he explain why he didn’t want to talk about it? A. No, he didn’t say. Q. Did he make any explanation of the shooting at that time? A. Not — MR. NEAL: Objection, Your Honor. This gets into the defendant’s rights. THE COURT: Sustained. Q. (By the prosecutor) Did you question Mr. Pogue after giving him the rights other than what you’ve — A. No. No, I didn’t question him anymore. * * ⅜ ⅜ * * Q. When you received the call that Scott Taylor had died, did Mr. Pogue make any response? A. He didn’t say anything. On redirect examination of sheriff Bolin by the prosecutor, the following occurred: Q. (By the prosecutor) Did he say anything else other than “I want to talk to a lawyer? ” A. Only he said he hoped he didn’t die. “The law is established in this state that the silence of an accused while under arrest is not admissible against him be”

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