State v. Simpson’s Empirical Analysis

Citation profile

21 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When a defendant in a criminal case raises the issue of admissibility of a confession procured by custodial interrogation and contends that the statement was coerced, the burden is on the state to show that the statement was voluntarily made. State v. Higgins, 592 S.W.2d 151, 158 (Mo. banc 1979). Whether a statement is voluntary depends on the ‘totality of the circumstances and requires an examination on a case by case basis to ascertain if the defendant by physical or psychological means, has been effectively deprived of a freedom of choice. State v. Flowers, 592 S.W.2d 167 (Mo. banc 1979); State v. Higgins, supra ... The burden on the state is to prove by a preponderance of the evidence that the custodial statement was voluntary. State v. Olds, 569 S.W.2d 745 (Mo. banc 1978). If the decision as to voluntariness turns on resolution of conflicting evidence or assessment of credibilty, such issues are for the trial court to judge. State v. Frazier, 587 S.W.2d 368 (Mo.App.1979).””

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

2. “The state’s burden to establish that an in-custodial confession was voluntary is met by a prima facie showing that the defendant was informed of his rights, that he was capable of understanding those rights and that no physical force, threats, promises or coercive tactics were used to obtain the confession.”

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