State v. Hoffman’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A trial court should be most reluctant to credit mere silence—inherently ambiguous—as conduct sufficient for adoption of an inculpatory statement. Before admitting a proffered admission by silence[,] the trial court must preliminarily determine that the defendant actually heard and comprehended the effect of the words spoken and that[,] under the circumstances[,] an innocent Defendant would normally be induced to respond. In its preliminary determination, the court should consider whether any other explanation [is] equally consistent with silence.... Failure to deny the statements of others is admissible only when no other explanation is equally consistent with silence and there is always another possible explanation—namely, ignorance or dissent—unless the circumstances are such that a dissent would in ordinary experience have been expressed if the communication had not been correct.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Gano

2. “[P]ersons temporarily detained for brief questioning by police officers who lack probable cause to make an arrest or bring an accusation need not be warned about incrimination and their right to counsel, until such time as the point of arrest or accusation has been reached or the questioning has ceased to be brief and casual and [has] become sustained and coercive (footnote omitted).”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Ah Loo