Robinson v. Clarke’s Empirical Analysis

Citation profile

7 federal appellate · 1 district · 2 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. “The Sixth' Amendment ... guarantee includes the State’s affirmative obligation not to act in a manner that circumvents the protections accorded the accused by invoking this right. The determination whether particular action by state agents violates the accused’s right to the assistance of counsel must be made in light of this obligation.... [KJnowing exploitation by the State of an opportunity to confront the accused without counsel being present is as much a breach of the State’s obligation not to circumvent the right to the assistance of counsel as is the intentional creation of such an opportunity. Accordingly, the Sixth Amendment is violated when the State obtains incriminating statements by knowingly circumventing the accused’s right to have counsel present in a confrontation between the accused and a state agent.”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Johnson

2. “The central question is whether, under the totality of the circumstances, the identification was reliable despite any suggestive or inappropriate pretrial identification techniques.”

   1 later decision quote this exact passage · from the majority
   e.g. Carter v. Hopkins

3. “The Stone bar applies despite a state court's error in deciding the merits of a defendant’s fourth amendment claim.”

   1 later decision quote this exact passage · from the majority
   e.g. 6 F. Supp. 2d 1111 - Newman v. Hopkins