95 Wis. 2d 283 - Wentela v. State’s Empirical Analysis

Citation profile

24 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) The original interrogation is promptly terminated; (2) The questioning is resumed only “after the passage of a significant period of time;” (3) The suspect is given “full and complete Miranda warnings at the outset of the second interrogation;” (4) A differ ent officer resumes the questioning; and (5) The second interrogation is “restricted... to a crime that had not been a subject of the earlier interrogation.””

   1 later decision quote this exact passage
   e.g. 134 Wis. 2d 195 - State v. Koput

2. ““[T]he fact seems critical, for in its absence one is left only with a renewed effort to question by a different member of the same police force, in a different room in the same building, only two hours after Mosley’s assertion of his right not to be questioned.” Stone, The Miranda Doctrine in the Burger Court, 1977 Sup. Ct. Rev. 99 , 134.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 123 Wis. 2d 278 - State v. Hartwig

3. “indicates that the potentially coercive effect of the renewed attempt to question a suspect may be held to be so low as to justify a finding that a statement elicited through questioning after the suspect has invoked his privilege is not “the product of compulsion,” the primary concern of Miranda.”

   1 later decision quote this exact passage
   e.g. 134 Wis. 2d 195 - State v. Koput