Cliver v. State’s Empirical Analysis

Citation profile

39 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"A trial judge has the responsibility to direct the trial in a manner that facili tates the ascertainment of truth, ensures fairness, and obtains economy of time and effort commensurate with the rights of society and the criminal defendant. Where there has been a failure to comply with discovery procedures, the trial judge is usually in the best position to determine the dictates of fundamental fairness and whether any resulting harm can be eliminated or satisfactorily alleviated. Where remedial measures are warranted, a continuance is usually the proper remedy, but exelusion of evidence may be appropriate where the discovery non-compliance has been flagrant and deliberate, or so misleading or in such bad faith as to impair the right of fair trial. The trial court must be given wide discretionary latitude in discovery matters since it has the duty to promote the discovery of truth and to guide and control the proceedings, and will be granted deference in assessing what constitutes substantial compliance with discovery orders. Absent clear error and resulting prejudice, the trial court's determinations as to violations and sanctions should not be overturned."”

   3 later decisions quote this exact passage
   e.g. Fosha v. State · Gallagher v. State

2. “... Miranda prohibits the introduction at trial of any statement "whether exeulpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination." Miranda, 384 U.S. at 444, 86 S.Ct. at 1612, 16 L.Ed.2d at 706. These protections are applicable only if the defendant has been subjected to custodial interrogation, which is "questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way." Id. ... [The requirement that a person be advised of his Miranda rights applies only to interrogations conducted in "custodial settings." _... "[Clustodial" inter rogation may occur without a formal arrest if a reasonable person in the accused's cireumstances would believe that he is not free to leave.... [The warnings are not required simply because the questioning takes place in a police station or because the questioned person is a police suspect.... Furthermore, whether the interrogating officers have focused their suspicions on the individual being questioned is not a relevant consideration unless they communicate such suspicions to that person.”

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

3. “[O]nce the State 'strongly suggests' the exact whereabouts of the evidence, any gaps go to the weight of the evidence and not to admissibility.”

   1 later decision quote this exact passage
   e.g. In the Matter of the Involuntary Termination of the Parent-Child Relationship of A.W., B.W., and D.W. (Minor Children), and D.W. (Father) v. Indiana Department of Child Services (mem. dec.)