State v. Mahan’s Empirical Analysis

Citation profile

23 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Fifth Amendment commands that no person shall be compelled in any criminal case to be a witness against himself. Estelle v. Smith, 451 U.S. 454, 462 , 101 S.Ct. 1866 , 68 L.Ed.2d 359 (1981). The privilege against self-incrimination is safeguarded after arrest by the mandatory warning procedures outlined in Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), which include the requirement that police warn those taken into custody that they have the right to remain silent. United States v. Johnson, 56 F.3d 947, 955 (8th Cir. 1995); see also State v. Dexter, 954 S.W.2d 332, 337 (Mo. banc 1997). In Doyle v. Ohio, 426 U.S. 610, 618 , 96 S.Ct. 2240 , 49 L.Ed.2d 91 (1976), the United States Supreme Court held that if a defendant is silent at the time of arrest and after receiving Miranda warnings, using that silence to impeach the defendant violates the due process clause of the Fourteenth Amendment. Dexter, 954 S.W.2d at 337 . “The point of the Doyle holding is that it is fundamentally unfair to promise an arrested person that his silence will not be used against him and thereafter to breach that promise by using the silence to impeach his trial testimony.” Wainwright v. Greenfield, 474 U.S. 284, 292 , 106 S.Ct. 634 , 88 L.Ed.2d 623 (1986).”

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