648 So. 2d 366 - State v. Brooks’s Empirical Analysis

Citation profile

49 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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Although our jurisprudence has consistently noted that diminished capacity may render a confession involuntary due to the confessor's inability to comprehend the ramifications of his actions, nonetheless we have also noted that the existence of a discernible mental defect does not invariably vitiate the ability to make a knowing, intelligent, and voluntary waiver of constitutional rights. [Citations omitted.] However, as the State concedes in its brief to this Court, although the defendant bears the burden of proving the existence of any mental abnormality which might render his confession per se involuntary, in the absence of such a showing the State retains the ultimate burden of proving beyond a reasonable doubt that the confession was voluntary and obtained pursuant to a knowing and intelligent waiver of the defendant's constitutional rights. State v. Glover, 343 So.2d 118 (La.1977) (on rehearing). [Footnote omitted].”

   4 later decisions quote this exact passage
   e.g. State v. Hall · State v. Green

2. “an additional factor for this Court to consider in evaluating the clarity of Brooks' mental processes at the time of his confession.”

   3 later decisions quote this exact passage
   e.g. State v. Hall · State v. Green

3. “we are not limited to the evidence adduced at the hearing(s) on this motion, but rather may consider all pertinent evidence adduced at trial.”

   2 later decisions quote this exact passage
   e.g. State v. Green · 863 So. 2d 702 - State v. Poullard