Kochutin v. State’s Empirical Analysis
1991
Citation profile
2 federal appellate · 8 state decisions
How this case has been cited
Cited by 10 later decisions — most recently May 2010
2 federal appellate · 8 state decisions
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 · Edwards v. Arizona · Oregon v. Elstad · Michigan v. Jackson · Michigan v. Tucker
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The state further argues, however, that even if Edwards is not narrowly read, it remains inapplicable to Kochutiris case. According to the state, Edwards applies only to suspects who remain in continuous custody after making an initial request to consult with counsel. The State points out that in Kochutiris case, the challenged interviews occurred a full year after Morse [Kochutiris attorney] had asserted Kochutiris right to remain silent; although Kochutin was technically still in custody, he was apparently confined as a sentenced prisoner serving a term for unrelated offenses. Kochutin was not in detention for T.T.’s homicide, and the district attorney took the precaution of ascertaining that he had no other cases pending. The state contends that Kochutin’s status as a sentenced prisoner and the amount of time that elapsed after he invoked his right to remain silent removed his case from the Edwards rule. Although the dissent in this case finds the state’s argument persuasive, we do not. The United States Supreme Court made it clear in Minnick that Edwards adopted a “bright-line” rule that can be easily understood and predictably applied. Exceptions to the Edwards rule should not be carved out lightly. The exception to Edwards that the state proposes in this case is simply an argument that Edwards ought not to apply to Kochutin’s situation, even though Kochutin undeniably invoked his Miranda rights and was thereafter subjected to police-initiated custodial reinterrogation w”
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.