Baynard v. State’s Empirical Analysis

Citation profile

23 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Factors which bear on these circumstances include the following; 'the youth of the [declarant]; his lack of education or his low intelligence; the lack of any advice to the [declarant] of his constitutional rights; the length of detention; the repeated and prolonged nature of the questioning; and the use of physical punishment such as the deprivation of food or sleep,’”

   2 later decisions quote this exact passage
   e.g. DeShields v. State · Starling v. State

2. “In this case, the defendant was fourteen years and five months old, of average intelligence and in the eighth grade. Although he was in special classes for the socially and emotionally maladjusted, his ability to understand his constitutional rights was not impaired. The questioning at his residence lasted only fifty minutes and the questioning at Troop 3 only forty-eight minutes all between the evening hours of 8:00 and 11:00 p.m. The defendant was provided soda and crackers at Troop 3 and made no other requests for food. At Troop 3 he was allowed time alone with his family before any questioning. At Troop 3 all questioning was preceded by a careful explanation of the defendant’s constitutional rights and the defendant’s unequivocal waiver of them. The detectives made no threats and engaged in no physical coercion. All of the questioning was in the presence of the defendant’s family except for the brief period in his bedroom when the defendant asked to speak with Detective Ashley alone. Although Detective Ashley on various occasions urged defendant to be honest and tell the truth, adjurations to tell the truth unaccompanied by any threat, promise, trick or improper inducement sufficient to overbear the defendant’s will do not make a statement involuntary. Defense counsel points to the several instances when the defendant’s mother, stepfather or brother exhorted the defendant to tell the truth at circumstances which render the statements involuntary. These exhortations were n”

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

3. “(1) When the names of the petit jurors are written on “distinct ballots,” those ballots should also be numbered. (2) The Prothonotary should prepare a master list of the jurors’ names and corresponding ballot numbers, which information shall remain confidential until jury selection has been completed. (3) If the presiding judge decides to schedule groups of jurors to appear at designated times, as in the case subjudi-ce, the ballots should be drawn in open court, but only the number on the ballot should be announced. (4) After the entire venire has been drawn and reporting groups have been established, the Prothonotary should notify each juror, confidentially, of his or her time to appear for individual voir dire. (5)If there is a need to have individual voir dire for more than one trial during a venire panel’s term of service, different numbers should be assigned to each juror for each trial. (a) A person who is in the possession of a deadly weapon during the commission of a felony is guilty of possession of a deadly weapon during the commission of a felony.”

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