Bishop v. Caudill’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “has reasonable grounds to believe the defendant is incompetent to stand trial, the court shall appoint”

   2 later decisions quote this exact passage · from the dissent
   e.g. Henderson v. Commonwealth · Commonwealth v. Wooten

2. “Although ... the psychologist or psychiatrist who performed a neutral competency evaluation pursuant to a KRS 504.100(1) order is subject to cross-examination at this evidentiary hearing, the appointed examiner’s report is only part of the evidence the factfinder must consider. Parties are entitled to — and, in practice, do — introduce additional evidence for the court’s consideration. In fact, KRS Chapter 504 explicitly recognizes that “[a] psychologist or psychiatrist retained by the defendant shall be permitted to participate in any examination under this chapter.” [KRS 504.080(5)]. Of course, it goes without saying that a defendant with the financial means to do so can develop additional expert testimony by submitting to an independent competency evaluation by an expert of his or her choice. But, we have held that, in cases where the defendant is indigent: (1) the assistance of a psychological expert is constitutionally and statutorily required; and (2) the funds necessary to retain such an expert are a reasonable and necessary expense authorized under KRS Chapter 31.”

   1 later decision quote this exact passage · from the dissent
   e.g. Commonwealth v. Wooten