Treesh v. Bagley’s Empirical Analysis

Citation profile

1 federal appellate · 1 district · 5 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “First, the relinquishment of the right must have been voluntary in the sense that it was the product of a free and deliberate choice rather than intimidation, coercion, or deception. Second, the waiver must have been made with a full awareness of both the nature of the right being abandoned and the consequences of the decision to abandon it. Only if the totality of the circumstances surrounding the interrogation reveals both an uncoerced choice and the requisite level of comprehension may a court properly conclude that the Miranda rights have been waived.”

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

2. “test, that would inquire, inter alia , whether the circumstances changed so seriously that his answers no longer were voluntary, or unless he no longer was making a knowing and intelligent waiver of his rights.”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Fluckes

3. “Where the prosecution shows that a Miranda warning was given and that it was understood by the accused, an accused's uncoerced statement establishes an implied waiver of the right to remain silent.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Myers (Slip Opinion)