State v. Thomas’s Empirical Analysis

Citation profile

20 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “any direct or implied promises, however slight, nor by the exertion of any improper influence " (emphasis added). Malloy v. Hogan, 378 U.S. 1, 7 , 84 S.Ct. 1489, 1493 , 12 L.Ed.2d 653 (1964) (quoting Bram v. United States, 168 U.S. 532, 543 , 18 S.Ct. 183, 187 , 42 L.Ed. 568 (1897)). These standards also apply to the states through the fourteenth amendment. Malloy v. Hogan, 378 U.S. at 6 , 84 S.Ct. at 1492 . In Arizona, confessions are prima facie involuntary and the burden is on the state to show that the confession was freely and voluntarily given. State v. Hensley, 137 Ariz. 80, 87 , 669 P.2d 58, 65 (1983). The burden of proof is that of a preponderance of the evidence. Id. While the trial court's determination that a confession was voluntary will not normally be disturbed on appeal, the record must contain evidence from which the appellate court can find that the state carried its burden of proof. State v. Hall, 120 Ariz. 454, 456 , 586 P.2d 1266, 1268 (1978). Bearing these requirements in mind, we have examined the entire record and find that it does not contain sufficient evidence to support the trial court's findings of voluntariness. State v. Thomas, 148 Ariz. 225, 227 , 714 P.2d 395, 397 (1986). In rebuttal to the defendant's motion to suppress, the state alleged that at no time did the defendant indicate he was in fear of other inmates or did he seek Sarivola's "protection.”

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