State v. Hamilton’s Empirical Analysis

Citation profile

4 federal appellate · 44 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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"While use of a deadly weapon is not alone sufficient to infer premeditation it is one of the circumstances which may be considered in determining whether a homicide was committed with deliberation. .. ." (p. 567.)”

   3 later decisions quote this exact passage · from the majority
   e.g. State v. Henson · State v. Beebe

2. ““This point arises under the doctrine, well established and sound, that the jury has no concern with the consequences of a verdict, either in the sentence, if any, or the nature or extent of it, or in probation. But we think that doctrine does not apply in the problem before us. The issue of insanity having been fairly raised, the jury may return one of three verdicts, guilty, not guilty, or not guilty by reason of insanity. Jurors, in common with people in general, are aware of the meanings of verdicts of guilty and not guilty. It is common knowledge that a verdict of not guilty means that the prisoner goes free and that a verdict of guilty means that he is subject to such punishment as the court may impose. But a verdict of not guilty by reason of insanity has no such commonly understood meaning. As a matter of fact its meaning was not made clear in this jurisdiction until Congress enacted the statute of August 9,1955. It means neither freedom nor punishment. It means the accused will be confined in a hospital for the mentally ill until the superin tendent of such hospital certifies, and the court is satisfied, that such person has recovered his sanity and will not in the reasonable future be dangerous to himself or others. We think the jury has a right to know the meaning of this possible verdict as accurately as it knows by common knowledge the meaning of the other two possible verdicts.””

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Ordway · State v. Alexander

3. ““. . . The statute [K. S. A. 22-3428] provides, in part, that a person committed thereunder may be granted convalescent leave or discharge as an ‘involuntary patient’ after thirty days notice to the county attorney and sheriff. The conditions under which an ‘involuntary patient’ may be discharged or given convalescent leave and the procedures therefor are not set out in 22-3428; resort must he had to other statutes. (K. S. A. 1974 Supp. 59-2924.) We cannot presume a legislative intent that all the statutory details be incorporated in an instruction to the jury. In the Lyles case the court commented that ‘a recitation of the statutory procedure in great detail, such as reading the entire section of the statute’ might tend to be confusing. It is our opinion the legislature intended only that the jury be apprised that the defendant, if found not guilty because of insanity, would be committed to the state security hospital for safekeeping and treatment until granted discharge or convalescent leave as provided by law. . . .” (p. 565.)”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Wright