State v. Gard’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The due process clause of the fourteenth amendment requires that confessions be admitted only if they are made voluntarily. To determine the voluntariness of a confession, the court must examine the totality of the circumstances. One test is ‘whether the defendant’s will was overborne at the time he confessed.' ‘In short, the true test of admissibility is that the confession is made freely, voluntarily and without compulsion or inducement of any sort.’”

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

2. “(1) the age, maturity, intelligence, education and experience of the defendant and the ability of the defendant to comprehend; (2) the lack of or adequacy of warnings; (3) the length and legality of the detention; (4) the nature of the interrogation; (5) whether the defendant was deprived of any physical needs; and (6) whether the defendant was denied access to friends.”

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