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6 South Dakota opinions name it 1 courts 1983–2005 0 in the last five years
The cases below were cited by South Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Brakeall v. Webergreen2 sentences2005Brakeall v. Weber, 2003 SD 90, ¶ 6 , 668 N.W.2d 79, 82 (citations omitted). 2005Brakeall v. Weber, 2003 SD 90, ¶ 6 , 668 N.W.2d 79, 82 (citations omitted). | 2 | 2 |
People v. Cahillgreen2 sentences2002See also Cahill II, 22 Cal.App.4th at 311, 28 Cal.Rptr.2d at 10 (stating that "[i]t is well settled that a confession is involuntary and therefore inadmissible if it was elicited by any promise of benefit or leniency whether express or implied") (citation omitted); Cahill I, 5 Cal.4th at 494 , 853 P.2d at 1048 , 20 Cal.Rptr.2d at 593 (reviewing the California cases applying this rule of per se exclusion if any promise of benefit or leniency is expressed or implied). [¶ 60.] The 9th Circuit Court of Appeals and Alabama decisions are no different. 2002See also Cahill II, 22 Cal.App.4th at 311, 28 Cal.Rptr.2d at 10 (stating that "[i]t is well settled that a confession is involuntary and therefore inadmissible if it was elicited by any promise of benefit or leniency whether express or implied") (citation omitted); Cahill I, 5 Cal.4th at 494 , 853 P.2d at 1048 , 20 Cal.Rptr.2d at 593 (reviewing the California cases applying this rule of per se exclusion if any promise of benefit or leniency is expressed or implied). [¶ 60.] The 9th Circuit Court of Appeals and Alabama decisions are no different. | 1 | 1 |
State v. Cookgreen2 sentences1984See Cook, 319 N.W.2d at 814 (Henderson, J., concurring in result), for advocation of a more restrictive standard than frolic. 1984NOTES [*] See Cook, 319 N.W.2d at 814 (Henderson, J., concurring in result), for advocation of a more restrictive standard than frolic. | 1 | 1 |
Melbourn v. Benhamgreen2 sentences1983Cf. Melbourn v. Benham, 292 N.W.2d 335 , 339 n. 3 (S.D.1980); Id. at 339 (Wollman, J., dissenting). 1983Cf. Melbourn v. Benham, 292 N.W.2d 335 , 339 n. 3 (S.D.1980); Id. at 339 (Wollman, J., dissenting). | 1 | 1 |
United States v. David J. Lewisgreen1 sentence1983However, the restrictive rule met increasing criticism by prominent judges and commentators. 3 Wigmore, Evidence, 3rd ed. 1940, §§ 1885-1890; McCormick, Evidence, Cleary ed. 1972, § 27; See United States v. Lewis, 447 F.2d 134 (2nd Cir.1971). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in South Dakota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Brommel
green
2 sentences2002For example, Brommel reveals that California follows a more restrictive rule under which “any promise” of “leniency or advantage for the accused, if ... a motivating cause 16 of the confession,” makes a confession involuntary. 15 Cal.Rptr. 909 , 364 P.2d at 846-47 . 2002For example, Brommel reveals that California follows a more restrictive rule under which “any promise” of “leniency or advantage for the accused, if ... a motivating cause 16 of the confession,” makes a confession involuntary. 15 Cal.Rptr. 909 , 364 P.2d at 846-47 . | 1 | 2002–2002 |
Johnson v. United States
green
2 sentences1983The subsequent above cited “inroad” case of Johnson v. United States, 318 U.S. 189 , 63 S.Ct. 549 , 87 L.Ed. 704 (1943), involved income tax violations. 1983The subsequent above cited “inroad” case of Johnson v. United States, 318 U.S. 189 , 63 S.Ct. 549 , 87 L.Ed. 704 (1943), involved income tax violations. | 1 | 1983–1983 |
Tucker v. United States
green
1 sentence1983In Tucker et al. v. United States, 5 F.2d 818 (8th Cir.1925), the Eighth Circuit Court of Appeals followed the restrictive rule. | 1 | 1983–1983 |
cluster 294254
green
1 sentence1983In United States v. Dillion, 436 F.2d 1093 (5th Cir.1971), the court said: There is one final rationale for our affirmance of the ruling by the court below. | 1 | 1983–1983 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.