Commonwealth v. McKenna’s Empirical Analysis
1969
Citation profile
6 federal appellate · 2 district · 97 state decisions
How this case has been cited
Cited by 107 later decisions (2 by the Supreme Court) — most recently February 2014 · most notably Moran v. Burbine (1986), 81 Ill. 2d 571 - People v. Rogers (1980)
6 federal appellate · 2 district · 97 state decisions — followed in 21 states
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 · Bruton v. United States · Escobedo v. Illinois · Roberts v. Russell · People v. Arthur
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 107 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he police also prevented the attorney from consulting with his client. Independent of any other constitutional proscription, this action constitutes a violation of the Sixth Amendment right to the assistance of counsel and excludes any statement obtained in its wake”
2 later decisions quote this exact passage“"[W]e hold that when Mr. Collins identified himself to Sergeant Gannon and invoked on McKenna's behalf his right to counsel and stated that he wanted to be with McKenna wherever the interrogation was to be held, it was Gannon's duty immediately so to inform McKenna. Sergeant Gannon's failure to do so denied rather than afforded McKenna the opportunity to exercise his right to counsel at that stage of the interrogation if in fact the interrogation had commenced. The legal consequence of the denial of the opportunity to reconsider whether he warned counsel is that whatever `waiver' there may have been up to the time Mr. Collins made his request to Sergeant Gannon that he be present became then inoperative. Conceivably, McKenna might have chosen to go on with the interrogation. But he was entitled to know of his counsel's availability and, with that knowledge, to make the choice with intelligence and understanding...."”
1 later decision quote this exact passagee.g. State v. Haynes“"His uncle and an associate arrived at the police station twenty minutes after Riley who in the interim was held incommunicado and had remained silent. His counsel insistently demanded that they see him. They had the right to see Riley and Riley had the right at once to know of their presence, even though after the Miranda warnings he had not asked to see them. The `implied waiver' of his right to counsel did not survive the refusal of the police to admit counsel to him or their failure to inform him that counsel were present...."”
1 later decision quote this exact passagee.g. State v. Haynes
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.