86 N.C. App. 329 - State v. Edgerton’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When evidence before the court tends to show a defendant made a confession prior to the confession to which he objects, the court is required to determine whether the defendant made a prior confession and whether it was voluntary. State v. Silver, 286 N.C. 709 , 213 S.E.2d 247 (1975). If the court finds there was a prior confession and it was not voluntary, then the court must determine whether the second confession was made under the “same prior influence” which made the first confession involuntary. State v. Edwards, 284 N.C. 76 , 199 S.E.2d 459 (1973); State v. Edwards, 282 N.C. 201 , 192 S.E.2d 304 (1972); State v. Fox, 274 N.C. 277 , 163 S.E.2d 492 (1968). The State must overcome the presumption of “same prior influence” by showing something akin to surrendering the signed written confession to the defendant or informing him that his prior confession will not be used against him. State v. Edwards, 284 N.C. at 79 , 199 S.E.2d at 461 . When there is conflicting evidence on any of the issues, the trial court is required to make findings; although the better practice is to always make findings. State v. Biggs, 289 N.C. 522, 529-30 , 223 S.E.2d 371, 376 (1976).”

   1 later decision quote this exact passage
   e.g. 102 N.C. App. 71 - State v. Barlow