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State v. Davis

Citations

  • 686 P.2d 1143
  • 38 Wash. App. 600
  • 1984 Wash. App. LEXIS 3464

How courts have described this case

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

  • referring to comments on defendant's silence at time of detention and arrest as comments on post-arrest silence
  • rejecting Fletcher v. Weir analysis under state constitutional provision identical to federal counterpart
  • use of post-arrest silence by the State to impeach or as substantive evidence violated a defendant's state constitutional right to due process regardless of whether Miranda warnings were given
  • although not controlling, federal cases construing the federal due process clause are entitled to great weight in interpreting Const, art. 1, § 3
  • use of post-arrest silence by the State to impeach or as substantive evidence violated a defendant’s state constitutional right to due process regardless of whether Miranda warnings were given
  • because the state due process clause is virtually identical to the federal due process clause, federal cases are entitled to great weight but do not control

Source: CourtListener parenthetical corpus (CC0).

Judges: Ringold, Durham, Scholfield

Read full opinion on CourtListener

Cited by

19 cases in this archive cite this case.

Cites

18 cases in this archive are cited by this case.

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.