Ex Parte Gospodareck’s Empirical Analysis

Citation profile

1 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"An accused can waive the right to remain silent or to consult with an attorney, provided that the waiver is knowingly, intelligently, and voluntarily made. [ Miranda v. Arizona ] 384 U.S. [436,] at 444 [ 86 S.Ct. 1602, at 1612 , 16 L.Ed.2d 694 ] [(1996)]. The test to determine whether a waiver was voluntary is the totality of the circumstances surrounding the interrogation, which includes the characteristics of the accused, the conditions of the interrogation, and the conduct of the law enforcement officials. The inquiry as to whether the waiver was knowingly, intelligently, and voluntarily made has two distinct dimensions: "`First, the relinquishment of the right must have been voluntary in the sense that it was the product of a free and deliberate choice rather than intimidation, coercion, or deception. Second, the waiver must have been made with a full awareness of both the nature of the right being abandoned and the consequences of the decision to abandon it. Only if the "totality of the circumstances surrounding the interrogation" reveal both an uncoerced choice and the requisite level of comprehension may a court properly conclude that the Miranda rights have been waived.'"”

   1 later decision quote this exact passage · from the majority
   e.g. 689 So. 2d 227 - O'SHIELDS v. State

2. “` Moran v. Burbine, 475 U.S. 412, 421 , 106 S.Ct. 1135 [1141], 89 L.Ed.2d 410 (1996).'”

   1 later decision quote this exact passage · from the majority
   e.g. 689 So. 2d 227 - O'SHIELDS v. State