Holman v. Kemna’s Empirical Analysis

Citation profile

11 federal appellate · 3 district · 5 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[D]espite our finding that Holman was subject to police-initiated custodial interrogation on October 23, after having invoked his right to counsel, we are still unable to conclude that the admission of the confession obtained the next day violated his Fifth and Sixth Amendment rights. Other circuits have noted that various factors such as a break in custody or a lapse in time may vitiate the coercive effect of an impermissible interrogation so that the admission of subsequent statements is not barred by the Edwards rule. See Hill v. Brigano, 199 F.3d 833, 842 (6th Cir.1999) (lapse in time), petition for cert. filed (U.S. Mar. 21, 2000) (No. 99-8773); United States v. Gomez, 927 F.2d 1530 , 1539 n. 8 (11th Cir.1991) (same); Dunkins v. Thigpen, 854 F.2d 394, 397 (11th Cir.1988) (break in custody dissolves a defendant’s Edwards claim); McFadden v. Garraghty, 820 F.2d 654, 661 (4th Cir.1987) (same). We do not believe these circumstances to be exhaustive and think that other scenarios may also militate against the finding of an Edwards violation. We believe this is such a case.”

   2 later decisions quote this exact passage · from the majority
   e.g. 140 Md. App. 540 - Clark v. State · United States of America v. Eric Daniel Harris

2. ““While we doubt that it would be desirable to build a superstructure of legal refinements around the word ‘initiate’ in this context, there are undoubtedly situations where a bare inquiry by either a defendant or by a police officer should not be held to ‘initiate’ any conversation or dialogue. There are some inquiries, such as a request for a drink of water or a request to use a telephone, that are so routine that they cannot be fairly said to represent a desire on the part of an accused to open up a more generalized discussion relating directly or indirectly to the investigation. Such inquiries or statements, by either an accused or a police officer, relating to routine incidents of the custodial relationship, will not generally ‘initiate’ a conversation in the sense in which that word was used in Edwards . Although ambiguous, the respondent’s question in this case as to what was going to happen to him evinced a willingness and a desire for a generalized discussion about the investigation; it was not merely a necessary inquiry arising out of the incidents of the custodial relationship. It could reasonably have been interpreted by the officer as relating generally to the investigation. That the police officer so understood it is apparent from the fact that he immediately reminded the accused that “[y]ou do not have to talk to me,” and only after the accused told him that he “understood’ did they have a generalized conversation. On these facts we believe that there was not a ”

   1 later decision quote this exact passage · from the majority
   e.g. Blake v. State

3. “His confession was tainted by unconstitutional conduct and was inadmissible. Although other evidence linked Mr. Allen to the crime, the admission of his confession was not harmless beyond a reasonable doubt. Accordingly, he is entitled to a new trial. I would reverse. B. 194 I also dissent with regard to Mr. Holder's convictions and sentences. I believe that the Court errs in its conclusion with regard to the jury instructions on Count I, charging a violation of 18 U.S.C. § 2113(e). This section provides,”

   1 later decision quote this exact passage · from the dissent
   e.g. United States v. Allen