Rodriguez v. State’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. “Certainly ... had appellant actually testified she would not have given the written confession but for the earlier oral one, a fact issue would have been raised. In that event, it would behoove the State to produce some evidence the oral statement was admissible, and the trial court would then have been required to factor this evidence into its determination of due process voluntariness, under the totality of the circumstances test. To this extent, the “cat-out-of-the-bag” still lives. Assuming the trial court found the first statement inadmissible, two other factors would then militate in appellant’s favor in this analysis. First, appellant’s youth could certainly make her “but/for” claim appear more plausible than it would be coming from an adult. Secondly, not only was appellant not told her prior oral statement could not be used against her before she signed her written confession; in fact, she was positively told, as part of the Miranda warning, that her prior statement ivould be so used.”

   2 later decisions quote this exact passage
   e.g. In the Matter of R. J. H. · In Re RJH

2. “The rationale of Griffin , and its federal predecessors Bayer and Elstad, is that there is no presumption mandating such an inferential leap. Rather there must be evidence in the record that Rodriguez would not have given the written confession but for the earlier one.”

   1 later decision quote this exact passage
   e.g. In Re RJH