State v. Stephens’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The test of admissibility is whether the statements made by defendant were in fact voluntarily and understandingly made. Admissibility depends upon whether the statement was freely and voluntarily made and whether the officers who elicited the statement employed appropriate procedural safeguards. A confession or incriminating statement is voluntary in law when, and only when, it is in fact voluntarily made. The question of voluntariness must be determined by the total circumstances of each particular case. Although Miranda warnings are required only when defendant is being subjected to custodial interrogation, and are not required during the investigatory stage when defendant is not in custody at the time he makes the statement, all involuntary confessions or incriminating statements, made in custody or out, are ordinarily inadmissible for any purpose. (Citations omitted.)”

   1 later decision quote this exact passage
   e.g. 75 N.C. App. 504 - State v. Singletary

2. “the totality of circumstances indicates that, in effect, defendant was tricked or cajoled into waiving his right to counsel and his privilege against self-incrimination. Absent a knowing and intelligent waiver of these rights, defendant's statements cannot be considered to have been voluntarily made.”

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

3. “If the totality of circumstances indicates that defendant was threatened, tricked, or cajoled into a waiver of his rights, his statements are rendered involuntary as a matter of law.”

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