169 N.C. App. 657 - State v. McClain’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “provides three separate tests in the disjunctive. If a defendant is deficient under any of these tests he or she does not have the capacity to proceed. The test of a defendant's mental capacity to stand trial is whether he has, at the time of trial, the capacity to comprehend his position, to understand the nature and object of the proceedings against him, to conduct his defense in a rational manner, and to cooperate with his counsel to the end that any available defense may be interposed.”

   1 later decision quote this exact passage
   e.g. 264 N.C. App. 640 - State v. Smith

2. “did modify the manner in which the trial was conducted to allow defendant more frequent breaks and longer breaks following the testimony of each witness so that defendant's attorneys could consult with defendant regarding witness testimony, explain anything he did not understand, and to solicit questions or relevant information from him.”

   1 later decision quote this exact passage
   e.g. 193 N.C. App. 458 - State v. Coley

3. “No person may be tried, convicted, sentenced, or punished for a crime when by reason of mental illness or defect he is unable [1] to understand the nature and object of the proceedings against him, [2] to comprehend his own situation in reference to the proceedings, or [3] to assist in his defense in a rational or reasonable manner.”

   1 later decision quote this exact passage
   e.g. 264 N.C. App. 640 - State v. Smith