169 So. 3d 671 - State v. Bruce’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Although the plurality would consider all two-stage interrogations eligible for a Seibert inquiry, Justice Kennedy's opinion narrowed the Seibert exception to those cases involving deliberate use of the two-step procedure to weaken Miranda 's protections.... In other words, both the plurality and Justice Kennedy agree that where law enforcement officers deliberately employ a two-step interrogation to obtain a confession and where separations of time and circumstance and additional curative warnings are absent or fail to apprise a reasonable person in the suspect's shoes of his rights, the trial court should suppress the confession. This narrow test-that excludes confessions made after a deliberate, objectively ineffective mid-stream warning-represents Seibert 's holding.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Verigan v. People

2. “[R]ape committed when the anal, oral, or vaginal sexual intercourse is deemed to be without the lawful consent of the victim because it is committed ... [w]hen the victim is prevented from resisting the act by force or threats of physical violence under circumstances whei-e the ^¿victim reasonably believes that such resistance would- not prevent the rape.”

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

3. “[T]he holding of Seibert is found in Justice Kennedy's opinion concurring in judgment.”

   1 later decision quote this exact passage
   e.g. Verigan v. People