Bailey v. Commonwealth’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Due Process Clause of the Fourteenth Amendment prohibits the admission of involuntary confessions: “[if the defendant’s] will has been overborne and his capacity for self-determination critically impaired, the use of [the] confession offends due process.” Schneckloth v. Bustamonte, 412 U.S. 218, 225-26 , 93 S.Ct. 2041, 2047 , 36 L.Ed.2d 854 (1973). “The voluntariness of a confession is assessed based on the totality of the circumstances surrounding the making of the confession.” Mills v. Commonwealth, 996 S.W.2d 473, 481 (Ky.1999). However, the threshold question to a voluntariness analysis is the presence or absence of coercive police activity: “coercive police activity is a necessary predicate to the finding that a confession is not Voluntary" within the meaning of the Due Process Clause of the Fourteenth Amendment.” Colorado v. Connelly, 479 U.S. 157, 167 , 107 S.Ct. 515, 522 , 93 L.Ed.2d 473, 484 (1986).”

   1 later decision quote this exact passage · from the majority
   e.g. Dye v. Commonwealth

2. “[t]he U.S. Supreme Court has described the “ultimate test” of the voluntariness of a confession as follows: “Is the confession the product of an essentially free and unconstrained choice by its maker?” Schneckloth, 412 U.S. at 225 , 93 S.Ct. at 2047 , 36 L.Ed.2d at 862 (internal citations omitted). Accordingly, in assessing voluntariness, “both the characteristics of the accused and the details of the interrogation are considered.” Schneckloth, 412 U.S. at 226 , 93 S.Ct. at 2047 , 36 L.Ed.2d at 862 . When examining the characteristics of the accused, reviewing courts consider such factors as age, education, intelligence, and linguistic ability. Allee v. Commonwealth, 454 S.W.2d 336, 341 (Ky.1970).”

   1 later decision quote this exact passage · from the majority
   e.g. Dye v. Commonwealth

3. “[H]e replied that he understood the right to remain silent as meaning “you are going to jail,” and the right to a public defender as meaning “you are in trouble.” When advised of his right to an attorney, [the appellant] inquired [as to] what “an atturnity” is. After about fifteen minutes of discussing his rights, [an officer] instructed [the appellant] to sign his name on the form.”

   1 later decision quote this exact passage · from the majority
   e.g. Keeling v. Commonwealth