183 So. 3d 567 - State ex rel. C.H.’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “| ^Officer Johnson testified that the juvenile gave verbal acknowledgment that he understood his rights, and there is no indication in the record that the juvenile was impaired or otherwise could not understand his rights. Officer Johnson testified that he did not offer any promises or make any threats toward the juvenile. It appears that the juvenile confessed immediately after being ready [sic] his Miranda rights. The limited timeframe between the juvenile’s arrest and his confession is strongly indicative of a lack of coercion. Moreover, the presence of an attorney or parent at the time the juvenile made his statement was not required. See Fernandez, 712 So.2d 485 at 486-90 . The totality of the circumstances supports the conclusion that the juvenile’s statement to Officer Johnson was freely and voluntarily given.”

   1 later decision quote this exact passage
   e.g. 207 So. 3d 609 - State ex rel. J.J.M.

2. “In making this determination, the court shall consider all of the following: (1) The age of the child. (2) The education of the child. (3) The knowledge of the child as to both the substance of the charge, if any has been filed, and the nature of his rights to consult with an attorney and to remain silent. (4) Whether the child is held incommunicado or allowed to consult with relatives, friends, or an attorney. (5) Whether the child was interrogated before or after formal charges had been filed. (6) The methods used in the interrogation. (7) The length of the interrogation. |r(8) Whether or not the child refused to voluntarily give statements on prior occasions. (9) Whether the child has repudiated an extra-judicial statement at a later date.”

   1 later decision quote this exact passage
   e.g. 207 So. 3d 609 - State ex rel. J.J.M.

3. “There is no absolute requirement that an attorney or guardian must be present with a juvenile suspect at the time he makes a statement. ... The testimony of a police officer alone can be sufficient to prove that the juvenile’s statements were freely and voluntarily given. State ex rel. J.M., 99-1271 (La.App. 4 Cir. 6/30/99) , 743 So.2d 228, 229-31 .”

   1 later decision quote this exact passage
   e.g. 207 So. 3d 609 - State ex rel. J.J.M.