153 N.C. App. 369 - State v. McKinney’s Empirical Analysis
2002
Citation profile
8
cited by 8 later decisions
1
states following
May 2017
most recently cited
8 state decisions
Relationships
Relies on Miranda v. State of Arizona Vignera · Schneckloth v. Bustamonte · Culombe v. Connecticut · Haley v. Ohio · Delaware v. New York
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“North Carolina follows the federal test to determine voluntariness. [State v. Jackson, 308 N.C. 549, 581 , 304 S.E.2d 134, 152 (1983), cert. denied, 490 U.S. 1110 , 104 L. Ed. 2d 1027 , 109 S. Ct. 3165 (1989)]. The confession should be the “product of an essentially free and unconstrained choice by its maker.” Schneckloth v. Bustamonte, 412 U.S. 218, 225-26 , 36 L. Ed. 2d 854, 862 , 93 S. Ct. 2041 (1973) (quoting Culombe v. Connecticut, 367 U.S. 568, 602 , 6 L. Ed. 2d 1037, 1057-58 , 81 S. Ct. 1860 (1961)). If “one’s will has been overborne and his capacity for self-determination critically impaired, the use of his confession offends due process.” Id. at 225-26, 93 S. Ct. at 2047 , 36 L. Ed. 2d at 862 .”
1 later decision quote this exact passage“whether defendant was in custody, whether he was deceived, whether his Miranda rights were honored, whether he was held incommunicado, the length of the interrogation, whether there were physical threats or shows of violence, whether promises were made to obtain the confession, the familiarity of the declarant with the criminal justice system, and the mental condition of the declarant.”
1 later decision quote this exact passage“(1) the youth of the accused, (2) the accused's lack of education, (3) the length of detention, (4) the nature of the questioning, and (5) the use of physical punishment, such as deprivation of food or sleep.”
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.