State v. Hlavaty’s Empirical Analysis
1994
Citation profile
8
cited by 8 later decisions
1
states following
December 2010
most recently cited
8 state decisions
Relationships
Relies on Oklahoma v. New Mexico · Refre v. United States · Ada v. Guam Society of Obstetricians & Gynecologists · State v. Antwine · Erickson v. Illinois
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.
“[T]he silence of an accused while under arrest is not admissible against him. State v. Howell, 838 S.W.2d 158, 161 [2-5] (Mo.App.1992). The state may not use post-arrest silence either as affirmative proof of a defendant’s guilt or to impeach his testimony. Id. It may not be shown that an accused failed to volunteer an exculpatory statement, nor may it be shown that, by his silence, he failed to deny or explain, while under arrest, an incriminating fact about which no question was asked. Id. The admission of such post-arrest silence constitutes an invasion of an accused’s constitutional rights. Id.”
1 later decision quote this exact passagee.g. State v. Prince
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.