State v. Hicks’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A defendant is denied due process if his conviction is premised, in part or in whole, on an involuntary confession. A voluntary waiver of Miranda [ 6 ] rights must be made with a full awareness of both the nature of the right being abandoned and the consequences of the decision to abandon it. The test for whether a statement is voluntary is whether the totality of circumstances created a physical or psychological coercion sufficient to deprive the defendant of a free choice to admit, deny or refuse to answer the examiner's questions and whether the physical and psychological coercion was of such a degree that the defendant's will was overborne at the time he made the statement. A promise to a defendant in custody does not per se make any statement he gives thereafter involuntary. Whether a statement is admissible hinges on its voluntariness in light of the totality of the circumstances, not on whether the promise was made. In gauging the voluntariness of an inculpatory statement made in reliance on a promise, all the circumstances surrounding the statement must be considered in determining if the defendant's will was overborne by the promise. The nature of the promise must be considered. The waiver of Miranda rights, while not dispositive of the question of voluntariness, is an important consideration. Other factors to consider include the defendant's physical and mental state, the length of questioning, the presence of police coercion or intimidation, and the withholding of ”

   2 later decisions quote this exact passage
   e.g. Henderson v. State · STATE OF MISSOURI v. JASON WILLIAM HANAN