Maki v. State’s Empirical Analysis

Citation profile

2 federal appellate · 36 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A statement, to have been voluntarily made, must proceed from the spontaneous suggestion of the party’s own mind, free from the influence of any extraneous, disturbing cause.””

   3 later decisions quote this exact passage
   e.g. State v. Crank · State v. VM JONES

2. ““ * * * It is the general rule that self-criminating statements are not per se admissible over objection, when the evidence discloses that the defendant was in custody for the crime charged at the time of making such statements, unless shown to have been voluntarily made. Under this rule, there is no presumption that such statements are voluntarily made, but, on the contrary, the presumption is the other way, and upon the trial of an accused the burden is upon the state, seeking to prove such statements, to show their voluntary character.””

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

3. ““The manner of the examination is therefore particularly regarded; and if it appears that the prisoner had not been left wholly free, and did not consider himself to be so in what he was called upon to say, or did not feel himself at liberty to wholly decline any explanation or declaration whatever, the examination is not held to have been voluntary.””

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