State v. Jacques’s Empirical Analysis

Citation profile

2 federal appellate · 85 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 87 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(1) when and where the interrogation occurred; (2) how long it lasted; (3) how many police officers were present; (4) what the officers and the defendant said and did; (5) the presence of actual physical restraint on the defendant or things equivalent to actual restraint such as drawn weapons or a guard stationed at the door; (6) whether the defendant is being questioned as a suspect or a witness; (7) how the defendant got to the place of questioning, that is, whether he came completely on his own in response to a police request or was escorted by police officers; and (8) what happened after the interrogation-whefherfhe defendant left freely, was detained, or was arrested. The importance of each factor varies from case to case. [Citation omitted.]” 271 Kan. at 497-98.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Jones · 35 Kan. App. 2d 478 - State v. Woolverton

2. ““When applying the felony-murder rule, . . . the felony and the victim’s death do not need to occur simultaneously, nor does the felony need to occur before the death. Time, distance, and the causal relationship between the underlying felony and the killing are factors to be considered in determining whether the killing was a part of the felony and therefore subject to the felony-murder rule. [Citations omitted.] “We hold that the death need not occur during or after the commission of the felony to support a conviction for felony murder. The question for the jury is whether the death is within the res gestae of the crime, regardless of the actual sequence of events. [Citations omitted.]” 270 Kan. 189 -90.”

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

3. “"The Confrontation Clause of the Sixth Amendment affords the accused of the right to cross-examination. [Citation omitted.] The exposure of a witness' motivation in testifying is a proper and important function of cross-examination. [Citations omitted.] A witness can be questioned about possible bias and motivation for testifying regardless of the scope of the direct examination. Failure to allow a party to cross-examine a witness about possible bias or motivation for testifying is error. [Citation omitted.] However, the error may be harmless and does not automatically require reversal. [Citations omitted.]"”

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