629 So. 2d 468 - State v. Simpson’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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When a defendant invokes his constitutional right to silence, the validity of any subsequent waiver depends upon the `scrupulous honoring' of that right by the police. Michigan v. Mosley, 423 U.S. 96, 102 , 96 S.Ct. 321, 326 , 46 L.Ed.2d 313 (1975). A majority of this court has concluded that the question of whether an accused's rights are `scrupulously honored' depends on the totality of the circumstances involved under the particular facts of each case. One factor to be considered is who initiates the further questioning. Other factors include `the time delay between the original request and subsequent interrogation, whether Miranda warnings were given before each separate interrogation, whether waiver of rights forms were signed, and whether or not pressures were asserted on the accused by the police between the time he invoked his right ... and the subsequent interrogation.' State v. Harper, 430 So.2d 627, 633 (La.1983).”

   1 later decision quote this exact passage
   e.g. 685 So. 2d 151 - State v. Gaspard