Tice v. State’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘Where the question arises as whether a confession is voluntary or involuntary, the correct procedure is for the court to immediately withdraw the jury and hear all the evidence both for and against the competency of the same, and all the facts and circumstances under which the same was made, and decide whether the confession was voluntary or involuntary. If voluntary, it may be presented, together with all the facts and circumstances surrounding the giving of the same to the jury. If involuntary, it is inadmissible.’ (Emphasis added)””

   3 later decisions quote this exact passage · from the dissent
   e.g. Yelloweagle v. State · Howell v. State

2. “In jurisdictions following this rule, the judge hears the confession evidence, himself resolves evidentiary conflicts and gives his own answer to the coercion issue, rejecting confessions he deems involuntary and admitting only those he believes voluntary. It is only the latter confessions that are heard by the jury, which may then, under this procedure, disagree with the judge, find the confession involuntary and ignore it ... Once the confession is properly found to be voluntary by the judge, reconsideration of this issue by the jury does not, of course, improperly affect the jury's determination of the eredibility or probativeness of the confession or its ultimate determination of guilt or innocence.”

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

3. ““ . . .In Miranda [ 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966)], the United States Supreme Court spelled out that a defendant must be apprized of the following rights; 1. that he has a right to remain silent; 2. that any statement he does make may be used as evidence against him; 3. that he has a right to the presence of an attorney either retained or appointed; and 4. that if he cannot afford an attorney one will be appointed for him prior to any questioning, if he so desires.” 478 P.2d at 921”

   1 later decision quote this exact passage
   e.g. Blanton v. City of Oklahoma City