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← 784 P.2d 792 - People v. Mounts

People v. Mounts’s Empirical Analysis

1990

Citation profile

15
cited by 15 later decisions
4
states following
April 2018
most recently cited

15 state decisions

How this case has been cited

Cited by 15 later decisions — most recently April 2018

15 state decisions

100199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Miranda v. State of Arizona Vignera · Wong Sun v. United States · Brady v. United States · Jackson v. Denno · Rhode Island v. Innis

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

  1. “[A criminal defendant’s extrajudicial] statement can only be admitted if it was voluntary. Jackson v. Denno, 378 U.S. 368, 376-77 [ 84 S.Ct. 1774, 1780-81 , 12 L.Ed.2d 908 ] (1964). The prosecution has the burden of establishing the voluntariness of the statement by a preponderance of the evidence. People v. Fordyce, 200 Colo. 153, 156 , 612 P.2d 1131, 1133 (1980). A statement is voluntary if not “extracted by any sort of threats or violence, nor obtained by any direct or implied promises, however slight....” People v. Pineda, 182 Colo. 385, 387 , 513 P.2d 452, 453 (1973) (quoting Brady v. United States, 397 U.S. 742, 753 [ 90 S.Ct. 1463, 1471 , 25 L.Ed.2d 747 ] (1970)). It must be the product of an essentially free and unconstrained choice by the maker. People v. Raffaelli, 647 P.2d 230, 234 (Colo.1982). Voluntariness of a statement is determined on the basis of the totality of the circumstances under which it is given. Id. at 235 . Relevant circumstances include events and occurrences surrounding the statement and the mental condition of the maker. Id.”
    1 later decision quote this exact passage · from the majority
  2. “1. That your client direct us to the body whenever weather conditions permit. 2. That your client take and pass a polygraph test which determines that he is truthful in that his only involvement in the killing was as an accessory after the fact in the disposal of the body. 3. That your client does everything necessary to recover the murder weapon. 4. That your client testify truthfully at all hearings. If your client satisfies all of the above conditions, we would not prosecute him as an accessory after the fact for this murder.”
    1 later decision quote this exact passage · from the majority
  3. “the evidence in the record does not support the trial court's finding that [the defendant's] statement was involuntary”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.