State v. Gella’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. “examine the entire record and make an independent determination of the ultimate issue of voluntariness based upon that review and the totality of circumstances surrounding the defendant’s statement. Thus, we apply a de novo standard of appellate review to the ultimate issue of the voluntariness of a confession.”

   3 later decisions quote this exact passage · from the majority
   e.g. State v. Baker · State v. Edwards

2. “Under the fifth amendment to the United States Constitution and article 1, section 10 of the Hawai'i Constitution, [n]o person shall ... be compelled in any criminal ease to be a witness against himself or herself. When a confession is obtained in violation of either of these provisions, the prosecution will not be permitted to use the confession to secure a defendant’s criminal conviction. [[Image here]] The burden is on the prosecution to show that the statement was voluntarily given and not the product of coercion.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Strong · State v. Carvalho

3. “However, it is well-settled that an appellate court will not pass upon issues dependent upon the credibility of witnesses and the weight of the evidence; this is the province of the trial judge.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Baker · State v. Uyemura