State v. Ely

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• confession excluded where school officials promised teacher that he would not be prosecuted if he confessed
• the defendant reasonably could have believed that his confession would be used against him only in matters of employment
• under former ORS 136.540 (1957), renumbered as ORS 136.425 (1973/74), the state must show that a defendant’s statement is made “without the inducement of either fear or hope”
• “In this state, confessions and admissions are initially deemed to be involuntary. Before either can be received in evidence, the state has the burden of showing that it was voluntarily made, without the inducement of either fear or hope. ORS 136.540[.]”

Source: CourtListener parenthetical corpus (CC0).

Cited by

36 cases in this archive cite this case; the 20 most cited are listed.

• State v. Walton
  Tennessee Supreme Court· 2001-03-15· cited 686×
• State v. Smith
  Supreme Court of Connecticut· 1986-07-15· cited 81×
• People v. Haydel
  California Supreme Court· 1974-07-30· cited 75×
• State v. Smith
  Oregon Supreme Court· 1986-09-16· cited 64×
• State v. Mendacino
  Oregon Supreme Court· 1979-12-18· cited 62×
• State v. Kelly
  Supreme Court of New Jersey· 1972-07-17· cited 55×
• State v. Evans
  Wyoming Supreme Court· 1997-08-19· cited 34×
• State v. Schwensen
  Oregon Supreme Court· 1964-05-20· cited 26×
• Hunter v. People
  Supreme Court of Colorado· 1982-11-15· cited 24×
• State v. Hess
  Court of Appeals of Arizona· 1969-01-14· cited 22×
• State Ex Rel. Juvenile Department v. Deford
  Court of Appeals of Oregon· 2001-10-31· cited 22×
• State v. Powell
  Oregon Supreme Court· 2012-07-19· cited 21×
• State v. Goree
  Court of Appeals of Oregon· 1997-12-17· cited 21×
• Buchea v. Sullivan
  Oregon Supreme Court· 1972-06-01· cited 20×
• Brust v. State
  Nevada Supreme Court· 1992-10-22· cited 19×
• State v. Tenbusch
  Court of Appeals of Oregon· 1994-12-14· cited 19×
• United States Ex Rel. Caserino v. Denno
  S.D. New York· 1966-10-19· cited 19×
• State v. Pollard
  Court of Appeals of Oregon· 1995-01-25· cited 17×
• State v. Capwell
  Court of Appeals of Oregon· 1983-09-28· cited 16×
• State v. Cochran
  Court of Appeals of Oregon· 1985-03-06· cited 16×

Cites

7 cases in this archive are cited by this case.

• Lynumn v. Illinois
  Supreme Court· 1963-03-25· cited 792×
• State v. Nunn
  Oregon Supreme Court· 1958-01-29· cited 47×
• State v. Shipley
  Oregon Supreme Court· 1962-10-10· cited 41×
• State v. Rollo
  Oregon Supreme Court· 1960-04-27· cited 41×
• State v. Casson
  Oregon Supreme Court· 1960-08-10· cited 13×
• State v. Bodi
  Oregon Supreme Court· 1960-08-10· cited 10×
• State v. Palmer
  Oregon Supreme Court· 1962-10-17· cited 3×