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← 122 N.J. 522 - State v. Oglesby

State v. Oglesby’s Empirical Analysis

1991

Citation profile

40
cited by 40 later decisions
2
states following
July 2010
most recently cited

40 state decisions

How this case has been cited

Cited by 40 later decisions — most recently July 2010 · most notably State v. Purnell (1992), State v. Erazo (1991)

40 state decisions

300199120002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Strickland v. Washington · Francis v. Franklin · Burger v. Kemp · Wainwright v. Greenfield · Turner v. Murray

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

  1. “Now, while the State has the burden of proof on each and every element of the offense, including state of mind or intent, the defendant has the burden by the preponderance of the evidence to show a mental disease or defect which prevented him from being able to form the requisite state of mind____ [Defendant ... must carry the burden of proving the defense of mental disease [or] defect by a preponderance of the evidence____ Keep in mind, however, although the burden rests upon the defendant to establish the defense of mental disease or defect by a preponderance of the credible evidence, the burden of proving the defendant guilty of the offenses charged beyond a reasonable doubt is on the State and that burden never shifts. The State must prove all of the elements of the crime charged beyond a reasonable doubt, including the element relating to the necessary state of mind or intent. I have told you that the State bears the burden of proving beyond a reasonable doubt that the defendant purposely or knowingly caused serious bodily injury resulting in Ernie Pagan’s death____ You must consider whether the defendant was harboring a mental defect and by virtue of that fact, that he did not have the mental capacity to knowingly or purposefully kill Ernie Pagan. Now, you will also have to consider the defense of diminished capacity due to mental disease or defect with respect to the [count] charging felony murder, burglary and attempted aggravated sexual assault. In summary, while the”
    1 later decision quote this exact passage · from the majority
  2. “Can there be any better example of [the defendant's] rationality and state of mind, of his appreciating right from wrong, that when he gets to the crucial issue, * * * that is when he said, "I know I have rights because I gave them up and I know I have rights because I take them back at this time." We don't offer that to you in any way to comment upon whether or not that is an improper thing to do. * * * It's only offered to you to show his state of mind, his ability to choose intelligently and exercise those rights. [ Id. at 534-535 , 585 A. 2d 916 .]”
    1 later decision quote this exact passage · from the majority
  3. “We must recognize that counsel representing a defendant in a capital-murder prosecution must demonstrate the competence of a specialist and expert, not simply the skills of an average practitioner. Most particularly, counsel should exhibit this level of competence in the sentencing phase of a capital murder prosecution.”
    1 later decision quote this exact passage · from the concurrence

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.