State v. Gibson’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[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. Even after analyzing such dilution, if any, a single factor or a combination of factors considered together may inevitably lead to a 14 conclusion that under the totality of circumstances a suspect's will was overborne and the confession was not therefore a free and voluntary act.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Sesmas

2. “(1) the accused's mental condition; (2) the manner and duration of the interview; (3) the accused's ability to communicate on request with the outside world; (4) the accused's age, intellect, and background; (5) the officer's fairness in conducting the interview; and (6) the accused's fluency with the English language. [Citations omitted.]”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Sesmas

3. “Clearly, there is overlap among the factors articulated in a case involving a juvenile and those usually considered when the voluntariness of a defendant's statement to [law enforcement officers] is at issue; but just as clearly, our caselaw recognizes a heightened sensitivity when the accused is a juvenile.”

   1 later decision quote this exact passage · from the majority
   e.g. 58 Kan. App. 2d 135 - State v. R.W.