7 Va. App. 454 - Durant v. Commonwealth’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Since Durant did not waive her right to remain silent and the Commonwealth referred to her post-arrest, post-Miranda warnings silence both during cross-examination of Durant and in closing argument, Doyle is dispositive and mandates reversal of the defendant’s conviction. While the use of Durant’s pre-arrest silence is proper for impeachment of her duress defense. . . use of Durant’s post-arrest, post-Miranda silence is a violation of both her right to remain silent and a denial of fundamental fairness.”

   1 later decision quote this exact passage
   e.g. Fain v. Commonwealth