12 Va. App. 285 - Terrell v. Commonwealth’s Empirical Analysis
1991
Citation profile
25 state decisions
How this case has been cited
Cited by 25 later decisions — most recently August 2014 · most notably 14 Va. App. 300 - Welsh v. Commonwealth (1992), 21 Va. App. 587 - Davis v. Commonwealth (1996)
25 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Edwards v. Arizona · Bottoson v. Florida · Johnson v. Texas · Brogdon v. Louisiana · Ward v. Sentry Title Co.
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.
““In order to determine whether a statement is voluntary, we must decide, in light of the totality of the circumstances, whether the statement is the product of an essentially free and unconstrained choice by its maker, or whether the maker’s will has been overborne and his capacity for self-determination critically impaired.” Rodgers v. Commonwealth, 227 Va. 605, 609 , 318 S.E.2d 298, 300 (1984) (citing Stockton v. Commonwealth, 227 Va. 124, 140 , 314 S.E.2d 371, 381 (1984)). “The totality of the circumstances include not only the details of the interrogation, but also the characteristics of the accused.” Kauffmann v. Commonwealth, 8 Va. App. 400, 405 , 382 S.E.2d 279, 281 (1989). We must consider the personal characteristics of the accused, including his intelligence, education, prior experience with police, use of drugs or alcohol, emotional or mental disability, and the deprivation of physical comforts. See R. Bacigal, Virginia Criminal Procedure, § 7-2 (2d ed. 1989). We also must consider the interrogation techniques employed, including evidence of trickery and deceit, psychological pressure, threats or promises of leniency, and duration and circumstances of the interrogation. Id. However, they “are merely factors to be considered in determining whether the Commonwealth has met its burden of proving voluntariness by a preponderance of the evidence.” Id. The intelligence of the accused is a significant factor to be considered in determining the voluntariness of a statement”
2 later decisions quote this exact passage“His statement did not represent a desire to have counsel present during the interrogation; he merely indicated that he wished to obtain counsel if charged with the crimes upon which he was being questioned.”
1 later decision quote this exact passage“[T]he Edwards rule is invoked . . . when the accused, having received Miranda warnings . . . , “has clearly asserted his right to counsel.””
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.