158 N.C. App. 1 - State v. Davis’s Empirical Analysis
2003
Citation profile
8 state decisions
Relationships
Applies 10 U.S.C. § 801 (Military Justice Act of 1968) · 10 U.S.C. § 809 · 10 U.S.C. § 831 · 10 U.S.C. § 889
Relies on Miranda v. State of Arizona Vignera · Oregon v. Elstad · Oregon v. Mathiason · Parker v. Levy · Chappell v. Wallace
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.
“In deciding whether the Platoon Commander's questioning of defendant constituted a custodial interrogation, we must consider the realities and necessities of military life. We cannot disregard the military context. The United States Supreme Court has long recognized that the military is, by necessity, a specialized society separate from civilian society. Requiring a member of the armed forces to choose either to disregard a direct question of a commanding officer or forego his or her Fifth Amendment rights, will risk undermining the discipline and order that is the necessary hallmark of our military. Those members of the armed forces who commendably act in accordance with their training should not, for their reward, be punished by being stripped of their Fifth Amendment rights. .... The United States Supreme Court has observed that the military's law is that of obedience. No question can be left open as to the right to command in the officer, or the duty of obedience in the soldier. Indeed, the military can only function with strict discipline and regulation that would be unacceptable in a civilian setting. A superior officer must be assured that a soldier will react immediately and without question to a command on the battlefield. That instinctive reaction has to be instilled in a soldier long before he goes to war: The inescapable demands of military discipline and obedience to orders cannot be taught on battlefields; the habit of immediate compliance with military procedur”
1 later decision quote this exact passage“should have considered what a reasonable Marine in defendant's position, under the totality of the circumstances, would have believed. A court may make this determination only by reviewing the expectations governing Marines.”
1 later decision quote this exact passage“[IAC] claims may ... be raised on direct appeal when the cold record reveals that no further factual development is necessary to resolve the issue.”
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.