570 So. 2d 796 - Cleckler v. State’s Empirical Analysis

Citation profile

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

1. “"In Hollander v. State, 418 So.2d 970, 972 (Ala.Cr.App.1982), this court stated: "`It is well settled that once Miranda warnings have been given and a waiver made, a failure to repeat the warnings before subsequent interrogation will not automatically preclude the admission of an inculpatory response. Fagan v. State, 412 So.2d 1282 (Ala.Crim.App.1982); Smoot v. State, 383 So.2d 605 (Ala.Crim.App. 1980). Whether the Miranda warnings must be repeated depends on the facts of each individual case, with the lapse of time and the events which occur between interrogation being relevant factors to consider. Fagan v. State, supra; Jones v. State, 47 Ala. App. 568 , 258 So.2d 910 (1972).'"”

   1 later decision quote this exact passage
   e.g. 795 So. 2d 788 - Smith v. State

2. “"Even though the appellant, in the present case, asserted his right to remain silent, the police were not forever barred from resuming their interrogation of him. See Mosley. This is true even where, as here, the police sought to reinterview the appellant about the same crime. See United States v. Bosby, 675 F.2d 1174, 1182-83 (11th Cir. 1982). All that is required is that the police `scrupulously honor' the accused's right to remain silent and wait a reasonable time before they attempt to reinterveiw him or her. Mosley (two hours held to be reasonable). See also Bosby, 675 F.2d at 1182, n. 12 ."”

   1 later decision quote this exact passage
   e.g. 789 So. 2d 896 - Woods v. State

3. “This is not a case, therefore, where the police failed to honor a decision of a person in custody to cut off questioning, either by refusing to discontinue the interrogation upon request or by persisting in repeated efforts to wear down his resistance and make him change his mind. In contrast to such practices, the police here immediately ceased the interrogation, resumed questioning only after the passage of a significant period of time and the provision of a fresh set of warnings, and restricted the second interrogation to a crime that had not been a subject of the earlier interrogation.”

   1 later decision quote this exact passage
   e.g. 789 So. 2d 896 - Woods v. State