State v. Fagan’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The procedures followed by the court in conducting the hearing in the absence of the jury, preliminary to a determination by the court of the voluntariness of the confessions and their admissibility as evidence, and the subsequent submission of the question to the jury were proper. State v. Ortega, 77 N.M. 7 , 419 P.2d 219 (1966) ; Pece v. Cox, 74 N.M. 591 , 396 P.2d 422 (1964); State v. Armijo, 64 N.M. 431 , 329 P.2d 785 (1958).””

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

2. ““The ultimate test remains that which has been the only clearly established test in Anglo-American courts for two hundred years: the test of voluntariness. Is the confession the product of an essentially free and unconstrained choice by its maker? If it is, if he has willed to confess, it may be used against him. * * * ””

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