People v. Luker’s Empirical Analysis
1965
Citation profile
152 state decisions
How this case has been cited
Cited by 157 later decisions — most recently March 1992 · most notably 65 Cal. 2d 681 - People v. Rollins (1967), 66 Cal. 2d 536 - People v. Hill (1967)
152 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 Escobedo v. Illinois · 46 Cal. 2d 818 - People v. Watson · Fahy v. Connecticut · 62 Cal. 2d 338 - People v. Dorado · 60 Cal. 2d 631 - People v. Morse
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 157 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“police improperly persisted in questioning him. Although upon the commencement of the inquiry defendant did not immediately demand counsel, but said that he could not remember what had happened, he did not thereby forfeit his right to counsel. Before he gave the incriminating statements he asked for counsel; the request does not lose its force because the questioning continued. The denial of the right to counsel by evasion or neglect of the suspect's request for counsel constitutes no less a constitutional violation than a denial by explicit rejection. In Escobedo the United States Supreme Court held that defendant's statements uttered during the prearraignment accusatory stage cannot be admitted into evidence if, at that stage, he has been denied his right to counsel. Since the police, by ignoring defendant's request for counsel at the accusatory stage, deprived him of his constitutional right to counsel, the admission of statements elicited during that time was erroneous.”
2 later decisions quote this exact passage“It may reasonably be assumed ... that an interrogation which does elicit incriminating statements was conducted by the police for that purpose, at least in part, and ... the burden should [thus] be on the prosecution to show that [such] statements were the result of something other than a `process of interrogations that lends itself to eliciting incriminating statements....'”
1 later decision quote this exact passagee.g. People v. Charles“When a record ... reveals that [a] defendant has been arrested [and has thereafter] been questioned about the offense which occasioned the arrest, and [when] no evidence indicates that the statements are in the nature of spontaneous disclosures, we do not presume that ... a process of interrogations [designed to elicit incriminating statements] has not been undertaken.”
1 later decision quote this exact passagee.g. People v. Charles
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.