621 So. 2d 364 - Franklin v. State’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The true test of voluntariness of extra-judicial confessions is whether, under all the surrounding circumstances, they have been induced by a threat or a promise, express or implied, operating to produce in the mind of the prisoner apprehension of harm or hope of favor; and if so, whether true or false, such confessions must be excluded from the consideration of the jury as having been procured by undue influence."”

   4 later decisions quote this exact passage
   e.g. Rincher v. State · 646 So. 2d 692 - Underwood v. State

2. “"Applying the law governing the admissibility of extra-judicial confessions to the instant facts, we find that Investigator Cook's promise to let the appellant's cooperation be known to the assistant district attorney was coercive. Such a promise, made under these circumstances, would necessarily engender a hope of reward in the appellant's mind. Therefore, the statements he made in response should have been suppressed. In terms of public policy, it should be possible for an accused to talk about cooperating with the state in arresting other lawbreakers without having his conversation used against him to prove the crime of which he is accused. " Id. at 367 (emphasis added).”

   3 later decisions quote this exact passage
   e.g. 628 So. 2d 1026 - McClellan v. State · 629 So. 2d 729 - McCray v. State

3. “Any implied promises, however tenuous, render a statement to police involuntary and the product of coercion.”

   2 later decisions quote this exact passage
   e.g. 629 So. 2d 729 - McCray v. State · 665 So. 2d 1014 - Fisher v. State