State v. Killay’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"When a person is in custody and the focus of a criminal investigation, in that circumstance, the person must first be informed in clear and unequivocal terms that he has a right to remain silent, that anything he says will be used against him, and that he has a right to an attorney, and, if he can't afford one, one will be appointed for him, and to have the attorney with him during questioning. The defendant must be told at the same time that if he wished to talk, he may, but that he is at liberty to stop at any time and decline to continue. Now, it is the State’s burden to prove by clear and convincing evidence that these warnings were clearly given to the defendant, and the State must prove that the defendant voluntarily, knowingly and intelligently gave up his or her privilege against self-incrimination and his or her right to have an attorney. Now, when I say that the State must prove that this was a voluntarily-made statement or admission, voluntary means not constrained, not impelled nor influenced by another; means done of one’s own free will. Knowingly means with awareness, with deliberateness. Intelligently means having or indicating a satisfactory degree of mental capacity or powers of perception sufficient to enable that person to perceive and to understand what's going on. And, so, before you can take the defendant’s admissions or statements as evidence, you must first be convinced by clear and convincing evidence that the defendant was informed of his rights, as”

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