State v. Carlton’s Empirical Analysis

1972

Citation profile

cited by 58 later decisions

states following

November 2005

most recently cited

2 federal appellate · 56 state decisions

How this case has been cited

Cited by 58 later decisions — most recently November 2005 · most notably State v. Cobbs (1973), 167 Wis. 2d 672 - State v. Mitchell (1992)

2 federal appellate · 56 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 · Brooklyn Union Gas Co. v. Federal Power Commission · Maxwell v. Stephens · State v. Rowell · Maguire v. United States

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

““Finally, defendant Pearl argues that the court should not have admitted some of her clothes into evidence ‘for the reason that * * * proper Miranda warnings prior to obtaining the consent were not shown * * * ’. “There was evidence that a sufficient Miranda warning was, in fact, given to defendant Pearl prior to the obtaining of her consent to search. In answering this contention on the basis of the record, we do not hold that the Miranda warnings must of necessity be given before there can be a valid consent to search. See State v. Carlton, 82 N.M. 537 , 484 P.2d 757 (Ct.App.1971). All that is required is that a consent to search ‘must be freely and intelligently given, must be voluntary and not the product of duress or coercion, actual or implied, and must be proved by clear and positive evidence within the burden of proof on the state.’ ” (Emphasis added.)”
1 later decision quote this exact passage
e.g. Schorr v. State
“a ruling or decision on the question by the trial court [must be] fairly invoked.”
1 later decision quote this exact passage
e.g. Matter of Sherry C. and John M.

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.