152 N.J. Super. 298 - In Re WS’s Empirical Analysis
1977
Citation profile
1 federal appellate · 2 district · 8 state decisions
How this case has been cited
Cited by 14 later decisions — most recently July 2005
1 federal appellate · 2 district · 8 state decisions
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 Wells v. Attorney General of United States · 148 N.J. Super. 168 - In Re Schiller · 150 N.J. Super. 456 - Franklin v. Milner
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Each patient in treatment shall have the following rights, ... (2) Not to be subjected to experimental research, shock treatment, psychosurgery or sterilization, without the express and informed consent of the patient after consultation with counsel or interested party of the patient's choice. Such consent shall be made in writing, a copy of which shall be placed in the patient's treatment record. If the patient has been adjudicated incompetent a court of competent jurisdiction shall hold a hearing to determine the necessity of such procedure at which the client is physically present, represented by counsel, and provided the right and opportunity to be confronted with and to cross-examine all witnesses alleging the necessity of such procedures. In such proceedings, the burden of proof shall be on the party alleging the necessity of such procedures. In the event that a patient cannot afford counsel, the court shall appoint an attorney not less than 10 days before the hearing....”
4 later decisions quote this exact passage“If there is a prima facie evidence of general mental incompetence, if there is time, and if there is some member of the family who will act as guardian, R. 4:83-1 should be followed for the appointment of a general guardian. In re Schiller, supra [, 148 N.J.Super. 168 , 372 A.2d 360 ] Where, however, in an emergent situation, there is sufficient credible evidence of a mental patient’s incompetence to give an informed consent or refusal to consent to shock treatment, this court not only may but has a duty to make an adjudication of such incompetence and to thereafter proceed to determine the necessity for shock treatments. N.J.S.A. 30:4-24.2(d)(2). In making such determination it must follow in all respects the statutory procedures and must not deny any of the patient’s rights enumerated therein. N.J.S.A. 30:4-24.2(f). [W.S., supra, 152 N.J.Super. at 305 , 377 A.2d 969 .]”
2 later decisions quote this exact passage
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.