United States v. Read’s Empirical Analysis

Citation profile

11 federal appellate · 3 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A defendant challenging the admissibility of a confession in the trial court has a right to ‘the resolution of disputed facts upon which the voluntariness issue may depend.’ Jackson v. Denno, 378 U.S. 368, 391 , 84 S.Ct. 1774, 1788 , 12 L.Ed.2d 908 , 1 A.L.R.3d 1205 (1964). This is equally true where the issue is waiver. Thus, it is always advisable for the trial court to make explicit findings reflecting the specific facts upon which the trial court relies in determining the admissibility of a confession or the waiver of rights. Such findings are invariably helpful on appellate review. Their omission may compel reversal or remand. E. g., Camacho v. United States, 392 F.2d 575 (9th Cir. 1968). See also Jackson v. Denno, supra, 378 U.S. at 378 n. 8, 390-391, 84 S.Ct. 1774 ; Javor v. United States, 403 F.2d 507, 509-511 (9th Cir. 1968); Evans v. United States, supra, 375 F.2d 355 at 359-360 (8 Cir.); Hutcherson v. United States, 122 U.S.App.D.C. 51 , 351 F.2d 748, 755 (1965). At a minimum, the trial court’s findings on essential factual issues must, in the language of Jackson v. Denno, supra, 378 U.S. at 378 n. 8, 84 S.Ct. 1774 , be ‘ascertainable from the record.’”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Monteer