820 So. 2d 533 - State v. Vigne’s Empirical Analysis

Citation profile

36 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A trial judge's ruling on whether or not a statement is voluntary is given great weight and will not be disturbed on appeal unless clearly unsupported by the evidence. State v. Thornton, 351 So.2d 480, 484 (La.1977). Before a confession may be introduced into evidence, the state must establish that the accused was advised of his constitutional rights under Article 1, Section 13 of the Louisiana Constitution and the Supreme Court's decision in Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966); State v. Simmons, 443 So.2d 512 (La.1983). In Miranda , the United States Supreme Court recognized the coercive atmosphere created by police custody and established a procedural mechanism to safeguard the exercise of a defendant's Fifth Amendment rights. Before interrogating a suspect in custody, law enforcement officials must inform the suspect that he has the right to remain silent, that his statements may be used against him at trial, that he has a right to an attorney, and that if he cannot afford an attorney, one will be appointed for him. Even when a defendant has not expressly invoked his rights under Miranda , "[t]he courts must presume that a defendant did not waive his rights." North Carolina v. Butler, 441 U.S. 369, 373 , 99 S.Ct. 1755, 1757 , 60 L.Ed.2d 286 (1979). A waiver is not established by showing that a defendant was given the complete Miranda warnings and thereafter gave an incriminating statement. 2 Wayne R. LaFave, Jerold Israel, Nancy King, C”

   4 later decisions quote this exact passage
   e.g. 846 So. 2d 913 - State v. Raiford · 872 So. 2d 552 - State v. Genter

2. “Nix v. Williams, 467 U.S. 431, 444 , 104 S.Ct. 2501, 2509 , 81 L.Ed.2d 377 (1984). The State therefore bears the burden of proving by a preponderance of the evidence that”

   3 later decisions quote this exact passage
   e.g. 243 So. 3d 151 - State v. Magee · 976 So. 2d 109 - State v. Lee

3. “the information ultimately or inevitably would have been discovered by lawful means ...”

   3 later decisions quote this exact passage
   e.g. 243 So. 3d 151 - State v. Magee · 976 So. 2d 109 - State v. Lee