State v. Arrowood’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A statement obtained as a result of custodial interrogation is inadmissible unless the suspect was advised of and voluntarily waived his or her rights under Miranda v. Arizona, 384 U.S. 436, 498-99 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). See also State v. Saltz, 346 S.C. 114, 136 , 551 S.E.2d 240, 252 (2001). If a suspect is advised of his Miranda rights, but chooses to make a statement, the burden is on the State to prove by a preponderance of the evidence that his rights were voluntarily waived. Saltz, 346 S.C. at 136 , 551 S.E.2d at 252 ; State v. Rochester, 301 S.C. 196, 200 , 391 S.E.2d 244, 247 (1990); Washington, 296 S.C. at 54 , 370 S.E.2d at 611 .”

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

2. “The process for determining whether a statement is voluntary, and thus admissible, is bifurcated; it involves determinations by both the judge and the jury. First, the trial judge must conduct an evidentiary hearing, outside the presence of the jury, where the State must show the statement was voluntarily made by a preponderance of the evidence. Jackson v. Denno, 378 U.S. 368, 376 , 84 S.Ct. 1774 , 12 L.Ed.2d 908 (1964). If the statement is found to have been given voluntarily, it is then submitted to the jury, where its voluntariness must be established beyond a reasonable doubt. State v. Washington, 296 S.C. 54 , 56, 370 S.E.2d 611, 612 (1988).”

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

3. “A statement `may not be extracted by any sort of threats or violence, [or] obtained by any direct or implied promises....'”

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