State v. Kyger’s Empirical Analysis

Citation profile

2 federal appellate · 25 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Alleged statement against interest. Evidence of an alleged admission has been introduced in this case. An admission is an acknowledgment by the defendant of certain facts which ten- which tend, together with other facts, to establish his guilt. It must be corroborated by other independent evidence to warrant and support a conviction. The Court has permitted the — the alleged admission as evidence, but it remains your duty to decide if, in fact, such statement was ever made and if such alleged statement was an admission. If you do not believe it was ever made, you should not consider it. If you decide the statement was made, you must then judge the truth of the facts stated and if the alleged statement was an admission. In determining whether the statement is true and an admission, you should consider the circumstances under which it was made. You should also consider whether any of the other— other evidence before you tends to contradict the statement in whole or in part. You should not arbitrarily disregard any part of the statement, but should consider all of the statement you believe to be true and if it is an admission — and if it is an admission. If you find the statement is true and an — and—if you find the statement is true and [an] admission, you are the sole judges of the weight that — that should be given it. You should consider it along with all the other evidence in the case in determining the defendant’s guilt or innocence.”

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

2. “[t]he defendant’s argument confuses the scope of the exclusionary rule in Fourth Amendment cases with the exclusionary rule in Fifth Amendment cases. The Fifth Amendment exclusionary rule is limited in scope to the exclusion of confessions obtained in violation of an accused’s constitutional rights. Evidence derived from an illegally obtained confession is admissible notwithstanding the confession was, or should have been, suppressed. There is one exception to this rule. If the confession from which the evidence was derived was coerced in the due process sense, the evidence is not admissible. This exception is not applicable in the case sub judice.”

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

3. “The distinction between an admission and a confession is blurred. Generally, however, “a ‘confession’ is a statement by the accused that he engaged in conduct which constitutes a crime.... ” An admission is an acknowledgment by the accused of certain facts which tend together with other facts, to establish his guilt; while a confession is an acknowledgment of guilt itself. An admission, then, is something less than a confession and, unlike a confession, ... an admission is not sufficient in itself to support a conviction.”

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