Elrod v. State’s Empirical Analysis

Citation profile

125 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 125 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"* * * [a]ccused's intelligence, character and situation at the time of the confession of the crime charged are important considerations in determining whether the confession was voluntary, but the fact that accused was of tender age or weak intellect will not alone render the confession inadmissible in *Page 836 evidence as involuntary. State v. Ashdown , 5 Utah 2d 59 , 296 P.2d 726 , affirmed 357 U.S. 426 , 78 S.Ct. 1354 , 2 L.Ed.2d 1443 . * * *"”

   8 later decisions quote this exact passage
   e.g. Doss v. State · 55 Ala. App. 74 - Allred v. State

2. “"We have said that a `person may be partially insane and still be competent to testify or make a confession.' The (sic) involves an inquiry into his appearance, demeanor and the nature of his statements. It is for the court to determine whether he has or had the requisite intelligence and ability to communicate his responses to questions. Redwine v. State , 258 Ala. 196 , 61 So.2d 724 . . . ."”

   2 later decisions quote this exact passage
   e.g. 51 Ala. App. 470 - Barnett v. State · 356 So. 2d 1224 - Hurst v. State

3. ““A defendant may waive his right to counsel and to remain silent, provided that waiver is made voluntarily, knowingly and intelligently. Miranda v. State of Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 . The State properly has the burden to demonstrate a knowing and intelligent waiver of the privilege against self-incrimination and right to counsel with respect to incommunicado interrogation.””

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