508 So. 2d 1196 - Mitchell v. State’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'A confession is presumed to be involuntary. Before its admission into evidence there must be evidence addressed to the trial judge sufficient to rebut that presumption and a showing that the confession was made without influence of either hope or of fear, unless the attending circumstances affirmatively disclose the voluntariness of the confession.' Wallace v. State , 290 Ala. 201 , 275 So.2d 634 (1973); Bush v. State , 282 Ala. 134 , 209 So.2d 416 (1968).”

   3 later decisions quote this exact passage
   e.g. Pokrzywinski v. State · 562 So. 2d 1365 - Stewart v. State

2. “The true test of voluntariness of extra-judicial confessions is whether, under all the surrounding circumstances, they have been induced by a threat or a promise, express or implied, operating to produce in the mind of the prisoner apprehension of harm or hope of favor; and if so, whether true or false, such confessions must be excluded from the consideration of the jury as having been procured by undue influence.”

   2 later decisions quote this exact passage
   e.g. 629 So. 2d 729 - McCray v. State · 621 So. 2d 364 - Franklin v. State

3. “If so, whether true or false, such a confession must be excluded from the consideration of the jury as having been procured by undue influence. The duty rests in the first instance on the trial judge to determine whether or not a confession is voluntary.”

   1 later decision quote this exact passage
   e.g. 531 So. 2d 45 - Thomas v. State