Westmark v. State’s Empirical Analysis
1984
Citation profile
38 state decisions
How this case has been cited
Cited by 39 later decisions — most recently March 2025 · most notably State v. Finley (1996), 596 So. 2d 957 - Traylor v. State (1992)
38 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Miranda v. State of Arizona Vignera · Escobedo v. Illinois · Doyle v. Ohio · Ohio Bureau of Employment Services v. Hodory · Oregon v. Hass
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) that the record reflects clearly and unequivocally the fact complained of; (2) that the facts prove a transgression of a clear rule of law; (3) that the error affects a substantial right of the [appellant]; and (4) that the [appellant] has been materially prejudiced by that violation.”
3 later decisions quote this exact passage · from the concurrence“"* * * Historically, our Court has jealously guarded the right provided in Art. 1, § 11 of the Constitution of the State of Wyoming against any infringement. Irvin v. State, [Wyo., 560 P.2d 372 (1977)], Jerskey v. State, Wyo., 546 P.2d 173 (1976); Dryden v. State, Wyo., 535 P.2d 483 (1975); Moss v. State, Wyo., 492 P.2d 1329 (1972); Priestley v. State, Wyo., 446 P.2d 405 (1968); Dickey v. State, Wyo., 444 P.2d 373 (1968); and Miskimmins v. Shaver, 8 Wyo. 392 , 58 P. 411 , 49 L.R.A. 831 (1899). We hold that under this section of our state constitution any comment upon an accused's exercise of his right of silence, whether by interrogation of the accused himself, or by interrogation of others inherently is prejudicial, and will entitle an accused to reversal of his conviction. Such a breach of the accused's constitutional protections is plain error and prejudicial per se. While, in the light of the language of Doyle v. Ohio, [ 426 U.S. 610 , 96 S.Ct. 2240 , 49 L.Ed.2d 91 (1976)], this may represent an extension of the rule of that case, it is our prerogative to so do in applying our state constitution. * * *" Clenin v. State, supra, 573 P.2d at 846 .”
2 later decisions quote this exact passage · from the concurrence““Plain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the court.””
2 later decisions quote this exact passage · from the concurrence
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.