State v. Duncan’s Empirical Analysis

Citation profile

46 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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““. . . The burden of proving the admissibility of a statement or confession is upon the prosecution. (K.S.A. 22-3215[4].) On motion it is the duty of the trial court, before admitting a purported confession into evidence, to conduct a hearing separate and apart from the jury to determine from the evidence as a preliminary matter whether the confession was freely and voluntarily made by the accused. (State v. Wilson, [ 220 Kan. 341 , 552 P.2d 931 ] supra.) The inquiry is to determine whether the statement or confession was voluntary, and the determination must be based upon a consideration of the totality of the circumstances bearing on voluntariness. If the court determines that the statement or confession was the product of a rational intellect and a free will the statement or confession should be admitted into evidence. (State v. Milow, 199 Kan. 576 , 433 P.2d 538 ; State v. Wilson, supra.)””

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

2. “The determination of the relevance of evidence bearing on voluntariness and its admissibility for that purpose rests within the sound discretion of the trial court in the first instance. This court will not reverse the trial judge on a discretionary matter except for an abuse of discretion which affirmatively appears to have affected the substantial rights of the party complaining.”

   1 later decision quote this exact passage · from the majority
   e.g. 501 So. 2d 496 - McCall v. State