715 So. 2d 925 - State v. Smith’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘A determination of “custody” is not based on “the subjective evaluation of the situation by the defendant or the police officers.” Davis [v. Allsbrooks, 778 F.2d 168, 171 (4th Cir.1985)]. Where there has not been a formal arrest (as here), an objective test is used to determine whether the suspect’s freedom of action has been restricted by the police in any significant manner. Davis, supra at 171 ; [United States v.] Miller, [ 587 F.Supp. 1296, 1299 (W.D.Pa.1984)]; Warrick [v. State, 460 So.2d 320, 322 (Ala.Crim.App.1984)]; Hall [v. State, 399 So.2d 348, 351 (Ala.Crim.App.1981)]. “The only relevant inquiry is how a reasonable man in the suspect’s position would have understood his position.” United States v. Jonas, 786 F.2d 1019, 1022 (11th Cir.1986)(quoting Berkemer v. McCarty, 468 U.S. 420 [442], 104 S.Ct. 3138, 3152 , 82 L.Ed.2d 317 (1984)).’ ””

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

2. “unless it is palpably contrary to the weight of the evidence.”

   1 later decision quote this exact passage
   e.g. 741 So. 2d 473 - State v. Shelton