McCandless v. State’s Empirical Analysis

Citation profile

33 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We find nothing in the record that would support a finding that this appellant was threatened, tricked, or cajoled into a waiver. There does not appear to be any question of physical or psychological coercion. . . . There is further no showing of incommunicado incarceration which would mitigate against the finding of a valid waiver. “While the ‘waiver’ was not here demonstrated by the prosecution in the most effective or desirable manner, we feel when the ‘totality of the circumstances’ are considered the evidence is sufficient to show that the state has discharged its burden and the appellant made a constitutionally permissible waiver as required by Miranda.””

   2 later decisions quote this exact passage
   e.g. Gonzales v. State · Clemons v. State

2. ““An express statement that an individual is willing to make a statement and does not want an attorney followed closely by a statement could constitute a waiver. But a valid waiver will not be presumed simply from the silence of the accused after warnings are given or simply from the fact that a confession was in fact eventually obtained.””

   2 later decisions quote this exact passage
   e.g. Gonzales v. State · Davis v. State

3. ““ * * * the cases in which it is clear that the warnings have been given must be considered on their own facts in order to determine the question of waiver. The courts must do this on an ad hoc basis, since no per se rule has thus far been adopted dealing with this problem.””

   2 later decisions quote this exact passage
   e.g. Encina v. State · Davis v. State