State v. Collins’s Empirical Analysis
2005
Citation profile
8
cited by 8 later decisions
4
states following
August 2013
most recently cited
1 federal appellate · 7 state decisions
Relationships
Relies on Miranda v. State of Arizona Vignera · Moran v. Burbine · Davis v. United States · North Carolina v. Butler · Fare v. Michael C.
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The videotape indicates that Collins was in an office with two police officers. One officer read the Miranda rights to Collins. The officer stated during the initial portion of the videotape that he had read Collins her rights earlier that day. (Supp. R. 14.) After the officer read those rights to Collins, she said, ‘Okay, let me ask you a question[. It] says that I have, I can have a lawyer[.] I will have to wait to get one.’ The officer answered, ‘And that’s correct.’ Collins asked, ‘And I will have to wait til when?’ The officer did not respond. (Supp. R. 15.) Instead, the officer looked away from Collins and cast his eyes downward, onto the waiver-of-rights form, , which he appeared to fill out while Collins waited for an answer to her question. After approximately 10 seconds passed, the officer placed the waiver-of-rights form in front of Collins and asked her to read the paragraph on the form. Collins read, T fully understand the foregoing statement and do willingly agree to answer questions. I understand and know what I am doing.' No promise or threats have been made to me by anyone and no pressure of any kind has been made against me by anyone.’ (Supp. R. 15.) The officer asked Collins if she understood the rights. She did not answer orally, but she signed the waiver-of-rights form. (Supp. R. 12.) She then answered all of the officer’s questions about the accident.””
1 later decision quote this exact passagee.g. Lockhart v. State““because Collins asked, ‘And I will have to wait til when?’ (Supp. R. 15) (emphasis added), and because the officer ignored the question, there remained an ambiguity regarding whether Collins wanted to talk to an attorney. We find that, under the facts of this case, the officer had a duty to clarify on the record whether Collins wanted to contact her own attorney, whether she was indi- gent and needed appointed counsel, or whether she wanted to waive her Miranda rights and answer questions. From the record before us, we cannot find the knowing and voluntary waiver of rights required by Miranda.””
1 later decision quote this exact passagee.g. Lockhart v. State
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.