786 So. 2d 38 - Fernandez v. State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Where ... a defendant has ... voluntarily given a statement to the police, it is not a comment on silence for the detective to explain that the defendant refused to memorialize the already-given oral statement in a tape recording. The defendant in such circumstances has already elected to speak. A refusal to write down, or record, what has already been said does not amount to invocation of the right to silence.”

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

2. “"[t]he accuracy and integrity of oral incriminating statements are frequent targets of defense counsel who often suggest an unfairness of the use of oral statements of an accused who has not been afforded the opportunity to put his statement in writing. It is only reasonable that the state be permitted to elicit the fact that the accused was given the opportunity and declined."”

   1 later decision quote this exact passage
   e.g. 979 So. 2d 1246 - Joyner v. State

3. “San Martin gave an oral statement recounting his involvement in the robbery and shooting, but refused to give a stenographically recorded statement.”

   1 later decision quote this exact passage
   e.g. 979 So. 2d 1246 - Joyner v. State