State v. Morris’s Empirical Analysis

Citation profile

97 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 97 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In determining whether a confession is voluntary, a court is to look at the totality of the circumstances. The burden of proving that a confession or admission is admissible is on the prosecution, and the required proof is by a preponderance of the evidence. Factors bearing on the voluntariness of a statement by an accused include the duration and manner of the interrogation; the ability of the accused on request to communicate with the outside world; the accused’s age, intellect, and background; and the fairness of the officers in conducting the interrogation. The essential inquiry in determining the voluntariness of a statement is whether the statement was the product of the free and independent will of the accused.” State v. Morris, 255 Kan. 964, 971 , 880 P.2d 1244 (1994).”

   5 later decisions quote this exact passage · from the majority
   e.g. State v. Gideon · State v. Baston

2. ““The provisions of § 10 of the Kansas Constitution Bill of Rights grant no greater protection against self-incrimination than is afforded by the Fifth Amendment to the United States Constitution. The manifest purpose of the constitutional provisions, both state and federal, is to prohibit the compelling of self-incriminating testimonial or communicative acts from a party or a witness. The liberal construction which must be placed upon constitutional provisions for the protection of personal rights requires that the constitutional guaranties, however differently worded, should have as far as possible the same interpretation. [Citation omitted.]” 255 Kan. at 981 .”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Boysaw · 30 Kan. App. 2d 151 - Hogan v. State

3. ““No error in either the admission or the exclusion of evidence by the court is a ground for granting a new trial or for setting aside a verdict unless refusal to take such action appears to the court inconsistent with substantial justice. The court at every stage of the proceeding must disregard any error or defect in the proceeding which does not affect die substantial rights of die parties.” Smallwood, 264 Kan. at 80 (citing K.S.A. 60-261; State v. Morris, 255 Kan. 964 , Syl. ¶ 6, 880 P.2d 1244 [1994]).”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Lolar · State v. Leitner