283 So. 2d 553 - McDole v. State’s Empirical Analysis

Citation profile

1 federal appellate · 71 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 72 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"A specific finding of voluntariness is necessary to ensure that a judge has properly met this requirement. The necessity of such a requirement is particularly evident, where as here, a strong showing is presented by defendants in support of their contention that they were subjected to brutal beating coercing their confessions."”

   4 later decisions quote this exact passage
   e.g. 407 So. 2d 894 - Smith v. State · 305 So. 2d 19 - Husk v. State

2. “"... It is not for the jury to make the primary determination of voluntariness. Although the judge need not make formal findings of fact or write an opinion, his conclusion that the confession is voluntary must appear from the record with unmistakable clarity."”

   3 later decisions quote this exact passage
   e.g. 305 So. 2d 19 - Husk v. State · 562 So. 2d 742 - Simpson v. State

3. “[t]he only indication we have in the record of this case of the basis for the judge's denial of the motion to suppress is his statement that he would let the jury hear and consider the evidence as to voluntariness. The judge might have been referring to the fact that a jury may still find a confession to have been involuntary and disregard it, despite a judge's finding that it was voluntary.”

   1 later decision quote this exact passage
   e.g. 562 So. 2d 742 - Simpson v. State