State v. Hunter’s Empirical Analysis

Citation profile

3 federal appellate · 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[C]onfessions induced by the influence of hope of leniency, State v. Ball, Mo.Sup., 262 S.W. 1043, hope of clemency, State v. Hart, 292 Mo. 74, 237 S.W. 473, or hope of mitigation of punishment for the crime charged, or of `worldly advantage,' State v. Williamson, 339 Mo. 1038, 99 S.W.2d 76, are not voluntary and are not admissible in evidence.”

   2 later decisions quote this exact passage
   e.g. State v. Vinson · Bert Leroy Hunter v. Harold R. Swenson, Warden

2. ““When the voluntary character of a confession is challenged ... it is the duty of the trial court to conduct a preliminary hearing outside the hearing of the jury to determine whether the confession is admissible in evidence, that is, whether it was free of inducement and was voluntarily given.... The court hears the evidence on the mixed question of law and fact and weighs the evidence.... If the evidence shows that the confession is voluntary the trial court admits the confession in evidence, first making the finding of voluntariness in accordance with the rule of Jackson v. Denno, 378 U.S. 368 , 84 S.Ct. 1774 , 12 L.Ed.2d 908 and Sims v. State of Georgia, 385 U.S. 538 , 87 S.Ct. 639 , 17 L.Ed.2d 593 , as set forth in State v. Glenn ... 429 S.W.2d [at] 237[29]. If the evidence shows that the confession is involuntary the trial court must exclude the confession. The burden of proof of voluntariness is upon the State when the confession is obtained while the suspect is in custody.” 5”

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

3. “There is the further significant fact, which we find from the evidence, that there was no discussion of the so-called `deal' on the 5th of August when Hunter was finally ready to give his confession. If in fact there had been such an understanding Hunter, who in his testimony showed that he knew there was such a thing as a written guarantee of immunity, would doubtless have insisted upon at least an oral confirmation of the deal before signing away his rights and confessing his crime.”

   1 later decision quote this exact passage
   e.g. Bert Leroy Hunter v. Harold R. Swenson, Warden