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← 181 Mont. 323 - State v. Olson

State v. Olson’s Empirical Analysis

1979

Citation profile

5
cited by 5 later decisions
2
states following
August 1984
most recently cited

5 state decisions

Relationships

Relies on Baxstrom v. Herold · 42 Cal. 2d 550 - People v. Baker · Bouse v. Cameron · Holiday Tours, Inc. v. Washington Metropolitan Area Transit Commission · State v. Fields

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

  1. ““. . . we conclude that this cause must be remanded for further testimony on the specific question of whether Olson’s antisocial behavior as illustrated in the incidents involving Karla White have any relationship to any mental disease or defect currently suffered by Olson. (Giving citations.) The point to be determined by the District Court is whether Olson’s present ‘dangerousness’, if any, is related to or growing out of the abnormal mental condition he exhibited in 1970. “The mere fact that Olson may have a tendency towards antisocial behavior is not sufficient to warrant his continued confinement in Warm Springs. See, Harris v. United States (D.C.App.1976), 356 A.2d 630, 632 . If Olson does not suffer from a mental disease or defect which causes this behavior, there is no reason for continuing to include him in the exceptional class of people discussed earlier. Baxstrom v. Herold (1966), 383 U.S. 107, 114-15 , 86 S.Ct. 760, 764-65 , 15 L.Ed.2d 620, 625-26 . The ordinary punishments of the criminal justice system are adequate to handle Olson’s future criminal conduct, in such circumstances. “We also point out that the District Court is not limited to either recommit Olson to Warm Springs or release him unconditionally. Section 95-508 gives the District Court authority to release conditionally persons committed to the State Hospital by placing such conditions as it deems necessary on the release. But see, Application of Zion (1978), 178 Mont. 468 , 585 P.2d 1084 . On reman”
    1 later decision 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.