661 So. 2d 268 - Ex Parte Pardue’s Empirical Analysis

Citation profile

10 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “" 'Whether there was a waiver of the right to remain silent and the right to counsel and, if so, whether it was knowingly, voluntarily, and intelligently made must be decided from the particular facts and circumstances of each case, including the background, experience, and conduct of the accused — the totality of the circumstances. " 'The fundamental requirements for voluntariness of confessions are that the court must conclude, in order to find a defendant's confession voluntary, that he made an independent and informed choice of his own free will, that he possessed the capacity to do so, and that his will was not overborne by pressures and circumstances swirling around him. . . . The test is whether, considering the totality of the circumstances, law enforcement officials have overborne the will of the accused. . . . The factual inquiry centers on the conduct of the law enforcement officials in creating pressure and the suspect's capacity to resist that pressure. . . . The defendant's personal characteristics as well as his prior experience with the criminal justice system are factors to be considered in determining his susceptibility to police pressures. " 'The question of whether a confession was voluntary is initially to be determined by the trial court. . . . Thereafter, the voluntariness as affecting the credibility and weight to be given any statement that an accused has made is a determination for the jury. . . . The finding of the trial court will not be disturbed ”

   2 later decisions quote this exact passage
   e.g. Smith v. State · 695 So. 2d 199 - Pardue v. State

2. “contrary to the great weight of the evidence or is manifestly wrong.”

   2 later decisions quote this exact passage
   e.g. Magwood v. State · 719 So. 2d 274 - Craig v. State

3. “"We do not see how Pardue's circumstances differed significantly from those presented in Westover. Westover was held for over 14 hours before his confession, while Pardue was held for around 30 hours before his [May 23, 1973] confession. In both cases, there was no evidence of any warning given before the interrogation. Both Westover and Pardue signed statements expressly indicating that they had been informed of their rights and had waived them. In both cases, the warnings came at the end of the interrogation process, from the point of view of the accused."”

   1 later decision quote this exact passage
   e.g. 695 So. 2d 199 - Pardue v. State