Foster v. State’s Empirical Analysis

Citation profile

2 federal appellate · 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The ultimate test for voluntariness of a confession is whether it was the product of an essentially free and unconstrained choice by its maker. Schneckloth v. Bustamonte, 412 U.S. 218, 225 , 93 S.Ct. 2041, 2047 , 36 L.Ed.2d 854 (1973). In determining whether a defendant’s will was overborne, the court will look to the totality of the circumstances — which include both the characteristics of the accused and the details of the interrogation. Schneckloth, supra.”

   2 later decisions quote this exact passage
   e.g. Askrens v. State · Hayes v. State

2. “[T]he record is devoid of any evidence other than vague statements by witnesses that a defendant was not acting normally ...”

   1 later decision quote this exact passage
   e.g. Cartwright v. Maynard

3. “Instructions on a theory of defense need not be given when the evidence presented at trial does not support that theory.”

   1 later decision quote this exact passage
   e.g. Coleman v. State