Thomas v. State’s Empirical Analysis

Citation profile

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

1. “"`The State has the burden of proving that the defendant's confession was voluntary. Whether a confession is voluntary is determined by an examination of the totality of the circumstances surrounding the giving of the confession.' Carden v. State, 612 So.2d 506, 508 (Ala.1992). `It is well settled in this Court that "[e]xtrajudicial confessions are prima facie involuntary and inadmissible, and [that] the burden is on the State to prove that the confession was made voluntarily." Ex parte Callahan, 471 So.2d 463, 464 (Ala.1985).' Ex parte Matthews, 601 So.2d 52, 53 (Ala.), cert. denied, [___] U.S. [____], 112 S.Ct. 2996 , 120 L.Ed.2d 872 (1992). `When there is conflicting evidence of the circumstances surrounding an incriminating statement or a confession, it is the duty of the trial judge to determine its admissibility, and if the trial judge decides it is admissible his decision will not be disturbed on appeal "unless found to be manifestly contrary to the great weight of the evidence."` Ex parte Matthews, 601 So.2d at 53 . See also Ex parte Woods, 592 So.2d 636, 637-38 (Ala.1991). `"`Where the evidence of voluntariness is conflicting, and even where there is credible testimony to the contrary, the trial judge's finding of voluntariness must be upheld unless palpably contrary to the weight of the evidence.'"' Dixon v. State, 588 So.2d 903, 908 (Ala.1991), cert. denied, [___] U.S. [___], 112 S.Ct. 904 , 116 L.Ed.2d 805 (1992). "`In weighing the evidence of voluntariness and in”

   4 later decisions quote this exact passage
   e.g. DMM v. State · D.M.M. v. State