Montes v. State’s Empirical Analysis

Citation profile

48 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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Appellants freely chose to relinquish their right to remain silent and chose to subject themselves to the verbal inquiries of the police. So long as verbal inquiries involve no threats, promises, falsehoods, or the like, but are direct statements probing the suspect’s knowledge of relevant events, including inconsistencies in answers given, they do not, without additional circumstances indicating compulsion result in involuntary divulgence of information.” 263 Ind. at 402 , 332 N.E.2d 786 .”

   2 later decisions quote this exact passage
   e.g. Powell v. State · 181 Ind. App. 232 - Middleton v. State

2. ““We agree with appellants that the use of the lie detector shown here is a factor which must be weighed negatively in the determination of voluntariness. The State did not present testimony describing the conduct of the polygraph examination or explaining how the conclusions of the examiner were used in the questioning process. Without this evidence, the possibility that the State tricked appellants into confessing, by attributing qualities to the test results which did not exist, has not been dispelled. Prior to submitting to the tests, appellants claimed innocence. A short time after the testing period, both confessed.””

   1 later decision quote this exact passage
   e.g. Sotelo v. State

3. “The question is whether, looking at all the circumstances, the confession was free and voluntary, and not induced by any violence, threats, promises, or other improper influence.”

   1 later decision quote this exact passage
   e.g. Gutierrez v. State