20 Va. App. 373 - Novak v. Commonwealth’s Empirical Analysis
1995
Citation profile
38
cited by 38 later decisions
2
states following
December 2009
most recently cited
38 state decisions
Relationships
Relies on Miranda v. State of Arizona Vignera · Schneckloth v. Bustamonte · Gault · Berkemer v. McCarty · Bumper v. North Carolina
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.
“"[w]e must [independently] determine whether, in light of the totality of the circumstances, including not only the details of the interrogation, but also the characteristics of the accused, the statement was the product of an essentially free and unconstrained choice by its maker, or whether the maker's will was overcome and his capacity for self-determination critically impaired."”
3 later decisions quote this exact passage · from the majority“it is desirable to have a parent, counsel or some other interested adult or guardian present when ... a juvenile waives fundamental constitutional rights and confesses to a serious crime ..., the mere absence of a parent or counsel does not render a waiver invalid.... [T]he presence or absence of a parent, guardian, independent interested adult, or counsel is ... [but one] factor to be considered in the totality of the circumstances....”
1 later decision quote this exact passage · from the dissent“In determining whether an individual was in custody, a court must examine all the circumstances surrounding the interrogation, but the ultimate inquiry is simply whether their [was] a formal arrest or restraint on freedom of movement of the degree associated with a formal arrest. ... In this analysis, the situation must be viewed from the vantage point of how a reasonable man in suspect’s position would have understood his situation.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.