Hernandez v. State’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The statement in question was voluntarily made and is properly receivable in evidence. The Court finds these facts by a preponderance of evidence: Defendant made the statement attributed to him that the marijuana and stuff on the nightstand was his but the other stuff was not his; Defendant was not then significantly under influence of drugs; the officers had entered the motel room, Defendant having admitted them, with drawn guns and Defendant was in their custody and not free to leave; Defendant’s statement was spontaneous and not in response to questioning, threat, coercion or promise; Defendant was informed of his Miranda rights by the officers and responded that he understood them; Defendant did not ask for a lawyer nor express any desire to cease talking. The Court makes these conclusions of law: Defendant’s statement was voluntary, was not induced by any act of the officers, and is admissible at trial; Defendant’s constitutional rights were not violated by the taking of the statement and its being admitted into evidence; Defendant had then made a knowing and intelligent waiver of his Fifth Amendment rights.””

   1 later decision quote this exact passage · from the majority
   e.g. Hernandez v. State