State v. Pickar’s Empirical Analysis

Citation profile

14 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A confession is voluntary if it is the product of the defendant’s free choice rather than the product of coercion. See Discoe, supra at 467 . Voluntariness is determined by examining the totality of the circumstances surrounding the confession. Blackburn v. Alabama, 361 U.S. 199, 206 , 80 S.Ct. 274, 280 , 4 L.Ed.2d 242 (1960); Discoe, supra, 334 N.W.2d at 467 . The inquiry focuses on two elements: (1) the characteristics and condition of the accused at the time of the confession and (2) the details of the setting in which the confession was obtained. Colorado v. Connelly, 479 U.S. 157 , 107 S.Ct. 515 , 93 L.Ed.2d 473 (1986); Schneckloth v. Bustamonte, 412 U.S. 218 , 93 S.Ct. 2041 , 36 L.Ed.2d 854 (1973); Culombe v. Connecticut, 367 U.S. 568 , 81 S.Ct. 1860 , 6 L.Ed.2d 1037 (1961); Discoe, supra, 334 N.W.2d at 467-68 . No one factor is determinative. Schneckloth, supra; Discoe, supra, 334 N.W.2d at 468 .” Id.”

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

2. ““ ‘Because voluntariness of a confession depends upon questions of fact to be resolved by the trial court, and because the trial court is in a superior position to judge credibility and weight, we show great deference to the trial court’s determination of voluntariness.’ State v. Pickar, 453 N.W.2d 783, 785 (N.D.1990); State v. Discoe, 334 N.W.2d 466, 468 (N.D.1983). This court does not conduct a de novo review. Discoe, 334 N.W.2d at 470 . We will reverse only if the trial court’s decision is contrary to the manifest weight of the evidence. Pickar, 453 N.W.2d at 785 ; State v. Newnam, 409 N.W.2d 79, 84 (N.D.1987); Discoe, 334 N.W.2d at 468 .””

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

3. “"[W]e show great deference on appeal to the trial court's determination of voluntariness by refusing to reverse its decision unless it is contrary to the manifest weight of the evidence.... The trial court's disposition of a motion to suppress will not be reversed if, after conflicts in the testimony are resolved in favor of affirmance ... there is sufficient competent evidence fairly capable of supporting the trial court's determination."”

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