Washington Supreme Court· 3/13/2008

State v. Burke

Citations

163 Wash. 2d 204
181 P.3d 1

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that, “if ‘standing alone, [the comment] was ‘so subtle and so brief that [it] did not ‘naturally and necessarily’ emphasize defendant’s testimonial silence[,]’” the comment is not a direct comment on the right to remain silent
holding the State violated the defendant’s right to silence when it commented on the defendant ending the interview as evidence of guilt
prosecutor improperly commented on the defendant’s prearrest silence when the defendant 5 terminated a police interview
prosecutor improperly commented on the defendant’s prearrest silence when the defendant terminated a police interview
“[N]o constitutional protection is violated if a defendant testifies at trial and is impeached for remaining silent before arrest and before the State’s issuance of Miranda [v. Arizona, 384 U.S. 436, 86 S. Ct 1602, 16 L. Ed. 2d 694 (1966)] warnings.” (emphasis added)

Source: CourtListener parenthetical corpus (CC0).

Judges: Chambers, Madsen

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Cited by

34 cases in this archive cite this case; the 20 most cited are listed.

Cites

56 cases in this archive are cited by this case; the 20 most cited are listed.

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