Quartararo v. Mantello’s Empirical Analysis

Citation profile

7 federal appellate ·

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

1. “The District Attorney here has not only failed to meet his burden of proving that the second confession “was not itself the product of improper threats or promises or coercive conditions,” he has also failed to establish that it was not “directly produced by the existence of the earlier confession.” Indeed, the first and second confessions were essentially a single confession by an emotionally distraught teenager that was interrupted only by the belated effort of Detective Palumbo to comply with Miranda. Once having admitted his complicity in the assault on John Pius in the belief that nothing would happen to him, it is unlikely that he thought he had anything more to lose by continuing. Darwin v. Connecticut, 391 U.S. at 350-51, 88 S.Ct. at 1490-91 (Harlan, J., concurring in part and dissenting in part). The same considerations that compel the conclusion that the second confession was involuntary apply equally to the third. Where, as here, petitioner was told to repeat his prior involuntary confession, it is simply impossible to say that the confession so elicited was “not directly produced by the existence of the earlier confession.” Moreover, while the presence of the defendant’s . mother and the administration of the Miranda warnings might under some circumstances be sufficient to dissipate the effect of impermissible tactics used to elicit an earlier confession, more is required before a juvenile is. asked to repeat a prior confession that has been induced by the tactics”

   1 later decision quote this exact passage · from the concurrence
   e.g. 839 F. Supp. 571 - Johnson v. Trigg

2. “When a prior statement is actually coerced, the time that passes between confessions, the change in place of interrogations, and the change in identity of the interrogators all bear on whether that coercion has carried over into the second confession. See Westover v. United States, decided together with Miranda v. Arizona, 384 U.S., at 494 , 86 S.Ct., at 1638 ; Clewis v. Texas, 386 U.S. 707 , 87 S.Ct. 1338 , 18 L.Ed.2d 423 (1967).”

   1 later decision quote this exact passage · from the concurrence
   e.g. United States v. Conley

3. “Given this substantial evidence that the confession was but one of several, each containing material differences, that it was obtained from a juvenile after lengthy custodial questioning and that it was given under circumstances which suggest that it was induced by the hope of leniency, the confession should not have been placed before this jury as evidence of defendant's guilt.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Ryan v. Miller