State v. Horton’s Empirical Analysis
1989
Citation profile
2
cited by 2 later decisions
2
states following
October 1993
most recently cited
2 state decisions
Relationships
Relies on Baxter v. Palmigiano · Garrity v. State of New Jersey · Minnesota v. Murphy · Spevack v. Klein · Lefkowitz v. Cunningham
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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Contrary to Horton’s contention, the fact that a lawyer’s decision to invoke the privilege and remain silent can be used as evidence in the disciplinary proceeding does not render the lawyer’s decision to speak involuntary. Disciplinary proceedings are civil in nature, and a lawyer has no constitutional right to prevent the fact finder in that proceeding from considering the implications of his silence, along with other evidence against him, in making a determination. See Baxter v. Palmigiano, 425 U.S. 808, 318 , 96 S.Ct. 1551 , 47 L.Ed.2d 810 (1976); Board of Overseers of the Bar v. Dineen, 481 A.2d 499, 503 (Me.1984). If he chooses to invoke his Fifth Amendment privilege and remain silent, a lawyer might be disciplined for the underlying misconduct charged by the Board, but that does not mean he is compelled to speak rather than assert his privilege.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.