People v. Howell’s Empirical Analysis
1978
Citation profile
3 federal appellate · 2 district · 19 state decisions
How this case has been cited
Cited by 25 later decisions — most recently March 2004 · most notably Taylor v. Commissioner of Mental Health & Mental Retardation (1984), People v. Chavez (1981)
3 federal appellate · 2 district · 19 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 State v. Krol · 7 Cal. 3d 126 - In Re Franklin · Lessard v. Schmidt · United States v. Ecker · 407 F. Supp. 509 - Doremus v. Farrell
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Because of the prior judicial determination that his abnormal mental condition rendered him not accountable for two homicides, the public has a special interest in his continued confinement for the safety of others. Thus, when he seeks release claiming he is no longer dangerous, and the hospital after examination and evaluation disagrees, it is neither unfair nor irrational to require that he bear the burden of proving he is no longer dangerous to himself or others. Accord, In re Franklin, 7 Cal.3d 126 , 101 Cal.Rptr. 553 , 496 P.2d 465 (1972); State v. Allan, 166 N.W.2d 752 (Iowa 1969); Newton v. Brooks, 246 Or. 484 , 426 P.2d 446 (1967).””
1 later decision quote this exact passage · from the majoritye.g. People v. Chavez“Typically one who has already been committed does not have as many opportunities to manifest his dangerousness by acts or threats as were available when he was living unrestrained in the outside world. The institutional environment offers routines, restrictions and discipline which may be unavailable to the patient in the outside world. Moreover, most opportunities to act out hostile impulses are obviated by security and isolation measures in the institution.... The absence of overt acts may only reflect successful restraint by the institution and may be no indication of the patient’s lack of dangerousness if released from that environment.”
1 later decision quote this exact passage · from the majority“As to any person charged with any crime allegedly committed on or after June 2, 1965, the test for determination of a defendant’s sanity for release from commitment, or his eligibility for conditional release, shall be: “That the defendant has no abnormal mental condition which would be likely to cause him to be dangerous either to himself or to others or to the community in the reasonably foreseeable future.””
1 later decision quote this exact passage · from the majoritye.g. People v. Stevens
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.