State v. Carter’s Empirical Analysis

Citation profile

1 district · 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A] trial court's ultimate determination of whether on particular facts an encounter amounts to & seizure under the fourth amendment has been held to be a legal conclusion and thus afforded no deference on appeal, but reviewed under a correction of error standard.”

   2 later decisions quote this exact passage
   e.g. Meyer v. State · State v. Sykes

2. ““(1) There must be clear and positive testimony that the consent was ‘unequivocal and specific’ and ‘freely and intelligently given’; (2) the government must prove consent was given without duress or coercion, express or implied; and (3) [when evaluating these first two standards, we] indulge every reasonable presumption against the waiver of fundamental constitutional rights and there must be convincing evidence that such rights were waived.””

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

3. “A trial judge may not be able to articulate exactly what prompted the determination that one consent was voluntary while another was coerced, but the judge knows or senses the difference after hearing first-hand the testimony offered and perceiving the nuances and subtleties of that testimony.”

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