State v. Stone’s Empirical Analysis

Citation profile

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

1. “'(1) the accused's mental condition; (2) the duration and manner of the interrogation; (3) the ability of the accused on request to communicate with the outside world; (4) the accused's age, intellect, and background; (5) the fairness of the officers in conducting the interrogation; and (6) the accused's fluency with the English language. [Citations omitted.] .... " ' "[T]hese factors are not to be weighed against one another ..., with those favorable to a free and voluntary confession offsetting those tending to the contrary. Instead, the situation surrounding the giving of a confession may dissipate the import of an individual factor that might otherwise have a coercive effect. [Citation omitted.] Even after analyzing such dilution, if any, a single factor or a combination of factors considered together may inevitably lead to a conclusion that under the totality of circumstances a suspect's will was overborne and the confession was not therefore a free and voluntary act.”

   6 later decisions quote this exact passage · from the majority
   e.g. State v. Guein · State v. Robinson

2. ““While any one of the circumstances surrounding this interrogation, standing alone — Stone’s [confused and tired] condition, Detective Mar’s misleading statements about the semen on the pajama top, her statements that the length of his sentence could only be affected by his telling the ‘truth,’ the implications he would be viewed as a sexual predator unless he confessed — might not have led us to conclude Stone’s statements were coerced, a review of the audio recording taking into account all of these circumstances, as the law requires, leads us to conclude as a matter of law that Stone’s statements were not the product of his free and independent will and that it was error to admit them at trial.” 291 Kan. at 32-33 .”

   3 later decisions quote this exact passage · from the majority
   e.g. State v. Guein · State v. Garrett

3. “[i]t is improper for the prosecutor to attempt to shift the burden of proof to the defendant or to misstate the legal standard of the burden of proof.”

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