Kelly v. State’s Empirical Analysis
1981
Citation profile
35 state decisions
How this case has been cited
Cited by 35 later decisions — most recently April 2006 · most notably Burdine v. State (1986), Johnson v. State (1985)
35 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Miranda v. State of Arizona Vignera · Edwards v. Arizona · Michigan v. Mosley · North Carolina v. Butler · Martin v. State
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The question is not one of form, but rather whether the defendant in fact knowingly and voluntarily waived the rights delineated in the Miranda case. As was unequivocally said in Miranda, mere silence is not enough. That does not mean that the defendant’s silence, coupled with an understanding of his rights and a course of conduct indicating waiver, may never support a conclusion that a defendant has waived his rights. The courts must presume that a defendant did not waive his rights; the prosecu tion’s burden is great; but in at least some cases waiver can be clearly inferred from the actions and words of the person interrogated.”
1 later decision quote this exact passagee.g. Tomlin v. State“"It is well settled that at a hearing on the admissibility of a confession, the trial court is the trier of facts and judge of the credibility of the witnesses and the weight to be given their testimony; he can accept or reject the testimony of witnesses, including a defendant, in determining the issues before him."”
1 later decision quote this exact passagee.g. Barney v. State
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.