State v. Davis’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. “... the defendant’s age, experience, prior record, level of education and intelligence; the length of time the defendant is interrogated; whether physical punishment was used; defendant’s ability to understand the questions; defendant’s physical and emotional condition; whether any deceit or improper promises were used in gaining the 1 admission; and any mental weaknesses the defendant may possess. Id. (citations omitted). In the event the questioning was custodial, defendant’s knowledge and waiver of his Miranda rights and the length of his detention would also be considered. Id.”

   3 later decisions quote this exact passage
   e.g. State v. King · State v. Brown

2. “The atmosphere during the defendant’s interview was not coercive or threatening nor was his freedom restrained. In fact, the trial court found that the atmosphere was “most pleasant.” He was not deprived of his freedom in any way. He was not placed under arrest and was interviewed in his home. While he was a suspect, this status does not trigger the requirement of Miranda warnings. Oregon v. Mathiason, 429 U.S. 492, 495 , 97 S.Ct. 711, 714 , 50 L.Ed.2d 714, 719 (1977). The harm that Miranda was to eradicate was the “incommunicado interrogation ... in a police dominated atmosphere.’’”

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