State v. Fleurie’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Although the plurality would consider all two-stage interrogations eligible for a Seibert inquiry, Justice Kennedy's opinion narrowed the Seibert exception to those cases involving deliberate use of the two-step procedure to weaken Miranda 's protections.... In other words, both the plurality and Justice Kennedy agree that where law enforcement officers deliberately employ a two-step interrogation to obtain a confession and where separations of time and circumstance and additional curative warnings are absent or fail to apprise a reasonable person in the suspect's shoes of his rights, the trial court should suppress the confession. This narrow test-that excludes confessions made after a deliberate, objectively ineffective mid-stream warning-represents Seibert 's holding.”

   1 later decision quote this exact passage
   e.g. Verigan v. People

2. “Justice Kennedy's concurrence is narrower than the plurality's since it does not apply to all two-step interrogations, only those involving intentional police misconduct.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Verigan v. People

3. “); United States v. Carter, 489 F.3d 528, 536 (2d Cir.2007) (”

   1 later decision quote this exact passage · from the concurrence
   e.g. Carter v. State