Upton v. State’s Empirical Analysis

Citation profile

2 federal appellate · 68 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 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Although the United States Supreme Court has not so expressly held, we held in Holloway v. State, 780 S.W.2d 787 (Tex. Crim.App.1989), as a matter of federal constitutional law, that after the Sixth Amendment right to counsel attaches and the accused is represented by counsel, the police may initiate interrogation only through notice to defense counsel, and a defendant's unilateral waiver of his Sixth Amendment right to counsel is invalid under these circumstances. Holloway, 780 S.W.2d at 795 .”

   2 later decisions quote this exact passage
   e.g. Janecka v. State · Reyes v. State

2. “Both this Court, and the United States Supreme Court have declared once an accused has a lawyer, “a distinct set of constitutional safeguards aimed at preserving the sanctity of the attorney-client privilege takes effect.” Absent waiver of the right, an important safeguard provided by the Sixth Amendment is the general prohibition of state initiated questioning of an accused who is represented by counsel during all critical stages of criminal proceedings once formal adversarial proceedings have begun, except where counsel is, present or is informed of the interrogation. The problem lies in determining what actions mark the inception of formal adversarial proceedings, (citations omitted)”

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

3. “Under these circumstances, the police were not investigating “new or additional crimes” when they obtained incriminating statements from [defendant] about the capital murder; adversarial proceedings had begun against [defendant] on at least one important element of the offense for which he was later charged. Also the theft of the Chevette offense was so closely related to the subsequent capital murder offense that the theft offense was eventually used to aggravate the murder to capital murder.”

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