484 So. 2d 560 - Smith v. State’s Empirical Analysis

1986

Citation profile

cited by 10 later decisions

states following

May 1997

most recently cited

10 state decisions

Relationships

Relies on Miranda v. State of Arizona Vignera · Fare v. Michael C. · Ex Parte Whisenant · 475 So. 2d 633 - Smith v. State

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

“" Fare v. Michael C. , 442 U.S. 707 , at 725, 99 S.Ct. 2560 , at 2572, 61 L.Ed.2d 197 , at 213 (1979). It is elementary that a valid waiver must be made voluntarily, knowingly, and intelligently. See generally, Ex parte Whisenant , 466 So.2d 1006 (Ala. 1985); Smith v. State , 475 So.2d 633 (Ala.Cr.App. 1985)."”
4 later decisions quote this exact passage
e.g. L.J.V. v. State · 501 So. 2d 1273 - Scott v. State
“"Even though the testimony was that the mother chose not to talk to the juveniles, the investigator was not free to interrogate the youths, for they had invoked their right to talk to her. Analogously, if an adult had requested to see his lawyer, but the lawyer said he did not wish to speak to his client and for the police to commence interrogation, the officers could not constitutionally do so. One person cannot waive another's constitutional rights. This rule is highlighted by the officer's testimony in this case that the juveniles had exercised this right by specifically asking to communicate with the parent."”
2 later decisions quote this exact passage
e.g. L.J.V. v. State · 545 So. 2d 240 - LJV v. State
“"Whether there is a valid waiver depends upon 'the totality of the circumstances': " 'This includes evaluation of the juvenile's age, experience, education, background, and intelligence, and into whether he has the capacity to understand warnings given him, the nature of his Fifth Amendment rights, and the consequences of waiving those rights. . . .”
2 later decisions quote this exact passage
e.g. 545 So. 2d 240 - LJV v. State · 518 So. 2d 174 - Smith v. State

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.