State v. Kennedy’s Empirical Analysis
1996
Citation profile
26 state decisions
How this case has been cited
Cited by 26 later decisions — most recently June 2016 · most notably State v. Council (1999), State v. Reed (1998)
26 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Miranda v. State of Arizona Vignera · Schneckloth v. Bustamonte · Jackson v. Denno · Rhode Island v. Innis · Moran v. Burbine
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If a defendant was advised of his Miranda rights, but nevertheless chose to make a statement, the "burden is on the State to prove by a preponderance of the evidence that his rights were voluntarily waived." State v. Washington, 296 S.C. 54 , 370 S.E.2d 611 (1988) (emphasis in original); State v. Neeley, 271 S.C. 33 , 244 S.E.2d 522 (1978). The State bears this burden of proof even where a defendant has signed a waiver of rights form.... The trial judge's determination of the voluntariness of a statement must be made on the basis of the totality of the circumstances, including the background, experience and conduct of the accused. State v. Linnen, 278 S.C. 175 , 293 S.E.2d 851 (1982). The trial judge's resolution of the issue will not be disturbed absent an error of law. State v. Atchison, 268 S.C. 588 , 235 S.E.2d 294 , cert. denied, 434 U.S. 894 , 98 S.Ct. 273 , 54 L.Ed.2d 181 (1977).”
1 later decision quote this exact passagee.g. State v. Hook““[T]he burden is on the State to prove by a preponderance of the evidence that his rights were voluntarily waived.” State v. Neeley, 271 S.C. 33, 40 , 244 S.E.2d 522, 526 (1978) (Emphasis supplied). “[T]he prosecution must prove ... by a preponderance of the evidence that the [statement] was voluntary.” Lego v. Twomey, 404 U.S. 477, 489 , 92 S.Ct. 619 , 30 L.Ed.2d 618 (1972) (Emphasis supplied). See also Colorado v. Connelly, 479 U.S. 157 , 107 S.Ct. 515 , 93 L.Ed.2d 473 (1986); State v. Middleton, 295 S.C. 318 , 368 S.E.2d 457 (1988); In re Christopher W., 285 S.C. 329 , 329 S.E.2d 769 (Ct.App.1985).”
1 later decision quote this exact passagee.g. State v. Miller“The special procedural safeguards outlined in Miranda are not required if a suspect is simply taken into custody, but only if a suspect in custody is subjected to interrogation. Interrogation is either express questioning or its functional equivalent. It includes words or actions on the part of police (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response.”
1 later decision quote this exact passagee.g. State v. Medley
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.