Ullery v. State’s Empirical Analysis

Citation profile

1 federal appellate · 23 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"was (1) the product of a free and deliberate choice rather than intimidation, coercion, or deception, and (2) made with a full awareness of both the nature of the right being abandoned and the consequences of the decision to abandon it." ... A defendant reinitiates interrogation when he represents a desire to open up a general discussion relating directly or indirectly to a criminal investigation.... In determining whether a confession is the product of the maker's free and unconstrained choice we look to the totality of the cireumstances surrounding it, including the defendant's character and the details of the interrogation. The State must prove a waiver is valid by a preponderance of the evidence.”

   1 later decision quote this exact passage
   e.g. 2009 OK CR 9 - State v. Pope

2. “[A] few jurisdictions hold[ ] that where the defendant initiates Article III proceedings he invariably waives his Article IV rights (including the shorter time limit). These cases determine that, as Article IV procedures and Article III procedures are inconsistent, an Article III filing automatically waives those Article IV procedures favorable to the defendant. Other jurisdictions reject this approach and hold the determining factor is which party first initiates IADA procedures. Finally, several jurisdictions apply both Articles when both parties initiate IADA procedures and look to see which, if any, provisions have been violated in determining which time limit applies.”

   1 later decision quote this exact passage
   e.g. 208 W. Va. 521 - State v. Onapolis

3. “Under the law of the State of Oklahoma and the facts of this case, if you find the Defendant, William James Diestel, guilty of Murder in the First Degree, you shall fix his punishment as either, imprisonment for life without parole or imprisonment for life. If you find the Defendant, William James Diestel, not guilty by reason of insanity, the Defendant shall be committed to a State Hospital for the Mentally Ill where he shall remain until released pursuant to the laws of the State of Oklahoma.”

   1 later decision quote this exact passage
   e.g. Diestel v. Hines