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← 170 NW2D 608 - State v. Mayhew

State v. Mayhew’s Empirical Analysis

1969

Citation profile

49
cited by 49 later decisions
4
states following
September 2011
most recently cited

48 state decisions

How this case has been cited

Cited by 49 later decisions — most recently September 2011 · most notably Snethen v. State (1981), State v. Hall (1975)

48 state decisions

330196919701980199020002010decided

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 Miranda v. State of Arizona Vignera · Brady v. State of Maryland · Alderman v. United States · Jencks v. United States · Palermo v. United States

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

  1. “The cited cases distinguish between an examination of a defendant solely to ascertain his mental and physical condition as opposed to diagnosis and treatment. Only in the former situation is the privilege unavailable, in the latter situation the defendant still can invoke the privilege. “This significant distinction is noted in the general rule as stated in Wharton’s Criminal Evidence, Twelfth Ed., vol. 3, section 818, page 171, as follows: ‘The privilege does not arise where an examination of a person is made to determine the existence of a fact or condition, as distinguished from giving him medical treatment. Thus, the privilege does not arise, and a physician may testify as to the result of an examination made for the sole purpose of seeing whether the condition of the patient indicated the commission of the crime, or whether the defendant was sane....’” Koonce v. State, supra, 456 P.2d [549] at 562.”
    2 later decisions quote this exact passage
  2. ““A common test to determine whether a ruling on the admission of evidence was prejudicial is whether, upon a review of the record, it sufficiently appears the rights of the complaining party have been injuriously affected by the error or he has suffered a miscarriage of justice.””
    2 later decisions quote this exact passage
  3. “[T]he receipt of opinion evidence, whether lay or expert, rests largely in the trial court’s discretion and we are loathe to interfere with the exercise thereof unless it has been manifestly abused to the prejudice of the complaining party.”
    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.