State v. Rose’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"At the start, Voss and Garrett administered Miranda warnings before informing defendant that the victim had alleged that he had sexually abused her and that he had taken sexually explicit video and photographs of her with his cell phone. During the first hour of the interview, defendant repeatedly denied that his cell phone contained any such images. He explained that the victim had threatened to make abuse allegations against him to 'get rid of' him and was upset with him because he had disciplined her. After about 30 minutes, Garrett accused defendant of lying and told him that the detectives had seen explicit video and photographs of the victim from his cell phone. Defendant continued to deny that he had done anything wrong or that there was anything incriminating on his phone. Garrett continued to question defendant, urging him to take responsibility for his actions. Defendant continued to deny any wrongdoing. After nearly an hour of questioning, the detectives gave defendant a break to smoke a cigarette. "When they returned from the break, the detectives immediately confronted defendant with prints of some of the less explicit photos that they had discovered on his phone. Specifically, Voss showed him three photographs. The first was an inoffensive photograph of defendant and the victim. The second and third photographs were pictures 'aimed downwards towards the pubic area of what appears to be a girl.' "Voss informed defendant that 'these were taken within a couple min”

   1 later decision quote this exact passage · from the concurrence
   e.g. 296 Or. App. 99 - State v. Rose

2. “Moreover, the totality of the circumstances includes tone, inflection, any gestures that preceded or accompanied the defendant's statement, and the tenor of the conversation that preceded it, which are also questions of fact for the trial court.”

   1 later decision quote this exact passage
   e.g. 296 Or. App. 99 - State v. Rose

3. “'in the context of the totality of the circumstances existing at the time of and preceding their utterance, to determine whether a reasonable officer would have understood that the defendant was invoking that right.'”

   1 later decision quote this exact passage
   e.g. 296 Or. App. 99 - State v. Rose