State v. Card’s Empirical Analysis

Citation profile

8 federal appellate · 1 district · 77 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 89 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Idaho Code § 18-207 does not remove the element of criminal responsibility for the crime. The prosecution is still required to prove beyond a reasonable doubt that a defendant had the mental capacity to form the necessary intent. Idaho Code § 18-207 merely disallows mental condition from providing a complete defense to the crime and may allow the conviction of persons who may be insane by some former insanity test or medical standard, but who nevertheless have the ability to form intent and to control their actions. The statute expressly allows admission of expert evidence on the issues of mens rea or any state of mind which is an element of the crime. See I.C. § 18-207(b). In addition, the statutes require the sentencing judge to consider and receive evidence of the mental condition of the defendant at the time of sentencing. I.C. § 19-2523. This statutory process provides the necessary safeguards and does not offend the principles of due process as required by the Fourteenth Amendment to the United States Constitution.”

   2 later decisions quote this exact passage
   e.g. State v. Herrera · State v. Delling

2. “(a) The extent to which the defendant is mentally ill; (b) The degree of illness or defect and level of functional impairment; (c) The prognosis for improvement or rehabilitation; (d) The availability of treatment and level of care required; (e) Any risk of danger which the defendant may create for the public, if at-large, or the absence of such risk; (f) The capacity of the defendant to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law at the time of the offense charged.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. State v. Herrera · State v. Odiaga

3. “We agree with the views of the United States Supreme Court but note that the safeguard referred to in Penry is in place in Idaho. Under Idaho law, an individual must be found competent to stand trial. I.C. § 18-210. In addition, those individuals who are incapable of forming the necessary intent needed for the crime are pro- teeted by the mens rea requirements of I.C. §§ 18-114,18-115 and 18-207. Finally, those ‘profoundly or severely retarded’ individuals who do not fall under the first two protections and are convicted and who are “wholly lacking capacity to appreciate the wrongfulness of their actions’ are protected by the sentencing provisions of I.C. § 19-2523. Idaho Code § 19-2523 specifically requires the sentencing court to consider ‘[t]he capacity of the defendant to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law at the time of the offense charged.’ Accordingly, we hold that the absence of the insanity defense in capital cases does not violate any constitutional protections.”

   1 later decision quote this exact passage
   e.g. State v. Delling