Cooper v. State’s Empirical Analysis

Citation profile

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

1. “§ 33-38-1133. Privileged communication. (a) In judicial proceedings, whether civil, criminal, or juvenile, in administrative proceedings, and in proceedings preliminary and ancillary thereto, a patient or client, or his guardian or personal representative, may refuse to disclose and may prevent the disclosure of confidential information, including information contained in administrative records, communicated to a person licensed or otherwise authorized to practice under this act, and their agents, for the purpose of diagnosis, evaluation or treatment of any mental or emotional condition or disorder. A person licensed or otherwise authorized to practice under this act shall not disclose any information communicated as deseribed above in the absence of an express waiver of the privilege except in the following cireumstances: (i) Where abuse or harmful neglect of children, the elderly or disabled or incompetent individuals is known or reasonably suspected; (ii) Where the validity of a will of a former patient or client is contested; (ii) Where such information is necessary to defend against a malpractice action brought by the patient or client; (iv) Where an immediate threat of physical violence against a readily identifiable victim is disclosed to the person licensed or otherwise authorized to practice under this act; (v) In the context of civil commitment proceedings, where an immediate threat of self-inflicted damage is disclosed to the person licensed or otherwise authorized”

   1 later decision quote this exact passage
   e.g. Eaton v. State

2. “The policy underlying the statutory privilege at issue is to encourage full and frank disclosure between an individual and a person authorized to practice under Title 33, Chapter 38 for the purpose of effective diagnosis, evaluation, and treatment. Developments in the Law — Privileged Communications, 98 Harv. L. Rev. 1450 , 1472-73 (1985), Similar privileges have been justified on the bases that (1) counseling relationships would suffer if people chose not to communicate essential information to professionals because they feared that the professionals would be compelled to disclose such information in court and (2) such relationships involve the professional and the individual in an intimate relationship in which personal information is communicated that should be protected from public disclosure. Id. at 1531 . The Wyoming legislature codified this privilege, and our judicial system must act to protect its purpose.”

   1 later decision quote this exact passage
   e.g. In the Matter of the Termination of Parental Rights To: GAC, a Minor Child. Krystal Kaylynn Cave v. State of Wyoming, Department of Family Services

3. “whether the cireumstances manifested inherent unfairness and injustice or conduct which offends the public sense of fair play.”

   1 later decision quote this exact passage
   e.g. Eaton v. State