421 So. 2d 200 - State v. Shea’s Empirical Analysis

Citation profile

3 federal appellate · 32 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Initially, while he recognized the presumption of innocence and the state's burden to prove guilt beyond a reasonable doubt, the juror indicated that he would expect the defendant to produce some evidence on his own behalf in order to find him not guilty. However, upon being further instructed by the trial judge in this respect and in response to additional questions, Mr. Willis said that "it would be kinda hard" but he could and would apply the law according to the court's instructions. We believe the juror's initial answers in this instance were brought about more from a lack of understanding of the law than bias. From our review of the entire voir dire examination we are convinced of the juror's ability and willingness to decide the case impartially according to the law and evidence. We therefore conclude that the trial judge did not abuse the broad discretion vested in him in ruling on this challenge for cause. State v. Sheppard, 350 So.2d 615, 638 , (La.1977); State v. Sonnier, 379 So.2d 1336, 1352 (La.1980); State v. Bates, 397 So.2d 1331, 1333 (La.1981).”

   3 later decisions quote this exact passage
   e.g. State v. Wiggins · 824 So. 2d 1089 - State v. Ball

2. “In the instant case, as in Shea, there was a twenty-four hour delay between the original request for an attorney and the subsequent interrogation. Miranda warnings were given before each separate interrogation. Likewise, waiver of rights forms were signed on each occasion. There is no evidence, nor is it claimed, that any mental or physical coercion was involved. The fact that Detective Lindsay initiated further questioning is only one of the factors to be considered. Under the totality of the circumstances, we conclude that McCarty's right to counsel was”

   3 later decisions quote this exact passage · from the concurrence
   e.g. State v. McCarty · 430 So. 2d 627 - State v. Harper

3. “[A]lthough we have held that after initially being advised of his Miranda rights, the accused may himself validly waive his rights and respond to interrogation, . . . the Court has strongly indicated that additional safeguards are necessary when the accused asks for counsel; and we now hold that when an accused has invoked his right to have counsel present during custodial interrogation, a valid waiver of that right cannot be established by showing only that he responded to further police-initiated custodial interrogation even if he has been advised of his rights. We further hold that an accused, such as Edwards, having expressed his desire to deal with the police only through counsel, is not subject to further interrogation by the authorities until counsel has been made available to him, unless the accused himself initiates further communication, exchanges, or conversations with the police”

   1 later decision quote this exact passage
   e.g. Shea v. Louisiana