70 Md. App. 661 - McAvoy v. State’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In Whitfield , the Court of Appeals held that a prisoner’s statement concerning the location of a gun at the jail where he was confined was not admissible because he had not been given his Miranda warnings, reasoning that the emergency situation created by the presence of a gun in a prison provided no exception to the mandates of Miranda . It appears, however, that the Supreme Court subsequently recognized an emergency exception to Miranda in N.Y. v. Quarles, 467 U.S. 649 , 104 S.Ct. 2626 , 81 L.Ed.2d 550 (1984), ostensibly overruling Whitfield's holding.”

   1 later decision quote this exact passage
   e.g. 136 Md. App. 273 - Argueta v. State

2. “[Appellant's] performance of [reciting the alphabet and doing the finger-to-nose] tests was not compelled self-incrimination protected by the Fifth Amendment. * * * Because performance of these tests did not reveal any subjective knowledge or thought processes of the appellant, he did not thereby supply the State [with] any testimony or communication within the protection of his privilege against self-incrimination. This view accords with that reached by a vast majority of the courts which have considered the issue. (citing cases).”

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

3. “simple tests of ... physical coordination and verbal articulation, both of which are affected by alcohol consumption.”

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