State v. McCarthy’s Empirical Analysis

Citation profile

3 district · 59 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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “During the suppression hearing, Officer Gary Tranberg of the Westport police testified that the defendant was a known drug addict and was experiencing drug withdrawl symptoms shortly after his arrest. The following exchange then occurred between defense counsel and Tranberg. Counsel: “Did you ever talk to Mr. McCarthy about anything to the effect that, if he gave you a statement concerning the houses that he burglarized, that you would help him get into a drug program or help him in any way concerning [his] drug habit?” Tranberg: “We had indicated to him that if he did cooperate with us, we would make that indication to the prosecutor and also indicate the fact that he was a drug addict and he did need some medical treatment for his drug addiction. I, certainly, never said that I was going to get him into a drug program per se.” Tranberg also testified that the defendant was told that if he cooperated with respect to the Westport crime, for which he had been arrested, no other warrants would be issued “[a]s far as the town of Westport is concerned.” This conversation with the defendant took place on the morning of June 20, 1981, the day before the defendant confessed to the Wilton burglaries. The defendant generally corroborated Tranberg’s account, but also testified that the Wilton police “promised me the same thing the Westport Police promised me,” that being “[n]o warrants. And then when I went to court, they and the Westport Police would be there to request the Prosecutor”

   1 later decision quote this exact passage
   e.g. 683 F. Supp. 880 - McCarthy v. Bronson

2. “The situation differs as to the promises by the Westport police, concerning which there was no factual dispute at trial. It is clear, however, that the trial court could have found that the defendant understood those promises to relate only to his interaction with the Westport police and not his subsequent dealings with the Wilton police. When he testified at the suppression hearing, the defendant stated that the Westport police “promised me that if I had agreed to help them with any investigation and any burglaries pertaining within Westport, that they would take me to the hospital so I could get medication for my withdrawals. And when I went to court for this charge, they would see that I would be given a drug program.” [emphasis in original]. Similarly, Tranberg’s testimony concerning the promise that no other warrants would be issued against the defendant aside from that for which he was already in custody was qualified to apply only “[a]s far at the Town of Westport is concerned." [emphasis in original]. Given the limits of these promises, it would have been fair for the trial court to conclude that they had no impact on the defendant’s decision to confess to having committed crimes in Wilton.... Thus neither the nature of the defendant’s custody nor any promises made to him required a finding that the defendant’s confession was inadmissible, and the trial court did not err in denying his motion to suppress.”

   1 later decision quote this exact passage
   e.g. 683 F. Supp. 880 - McCarthy v. Bronson

3. “On June 20, 1980, the defendant was arrested by the Westport police on charges unrelated to those at issue here. Knowing that the defendant was a suspect in certain burglaries that had oc-, curred in Wilton, the Westport police contacted the Wilton police and informed them that the defendant was in custody. The next day, two Wilton police officers spoke with the defendant at the jail in Westport, and then took him for a drive through Wilton, where the defendant incriminated himself in several burglaries, including the one involved in this appeal. More than two weeks later, a warrant was issued for the arrest of the defendant for the instant burglary and larceny. At trial the defendant stipulated that he had committed the theft in question, but denied having the requisite mental state for the crimes charged. He also contested the valuation of the property stolen. The jury found him guilty of the crimes charged.”

   1 later decision quote this exact passage
   e.g. 683 F. Supp. 880 - McCarthy v. Bronson