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← 197 Mont. 70 - State v. Austad

State v. Austad’s Empirical Analysis

1982

Citation profile

90
cited by 90 later decisions
7
states following
October 2020
most recently cited

4 federal appellate · 86 state decisions

How this case has been cited

Cited by 90 later decisions — most recently October 2020 · most notably State v. Brodniak (1986), State v. Martinez (2008)

4 federal appellate · 86 state decisions

56019821990200020102020decided

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 Jackson v. Virginia · Estelle v. Gamble · Barker v. Wingo · Gregg v. Georgia · Dusky 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 90 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““The test [is] whether the defendant has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding and whether he has a rational as well as a factual understanding of the proceedings against him.””
    2 later decisions quote this exact passage · from the majority
  2. ““When depositions taken. (1) If it appears that a prospective witness may be unable to attend or prevented from attending a trial . . . and that his testimony is material and that it is necessary to take his deposition in order to prevent a failure of justice, the court . . . may upon motion and notice to the parties order that his testimony be taken by deposition . .”
    1 later decision quote this exact passage · from the majority
  3. “Q. Did you burglarize Mabel Wald’s house? A. No. Q. How do you know? A. I don’t - because it is not part of me to do that type of thing. I’ve been in trouble with the law before, but I’ve never burglarized any place. Q. Have you ever been convicted of a felony? A. Yes. Q. What was the conviction for? A. Burglary.”
    1 later decision quote this exact passage · from the majority

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.