State v. Eubanks’s Empirical Analysis

Citation profile

35 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is not seriously contended here that in offering this confession the State did not meet the requirements of our Constitution and Code of Criminal Procedure by establishing that the confession was freely and voluntarily given and was not made under the influence of fear, duress, intimidation, menaces, threats, inducements, or promises. "* * * Counsel for the appellant now argue that the accused did not have the mental capacity to make such a confession, that he did not know the difference between right and wrong at the time it was made, and that he is ignorant, is an imbecile, and did not realize the import of his actions. In other words, counsel now argue that at the time the confession was given, the accused was insane. We do not think the record supports this contention. Even if we concede, however, that the evidence tends to show that the accused was of a low mentality and possibly feeble-minded, such mental deficiency would not of itself render the confession inadmissible but rather is a matter that bears on the weight, credibility, and effect to be given to the confession by the jury.””

   1 later decision quote this exact passage · from the majority
   e.g. Eubanks v. Warden, Louisiana State Penitentiary

2. ““As a result of all of this it is our opinion that Mr. Fulghum is not legally insane; he knows right from wrong; he can realize and appreciate the usual, natural and probable consequences of his actions; he understands the charges against him and he is mentally capable of assisting his attorney in the preparation and defense of his case. These findings apply both presently and at the time of the commission of the crime charged. “Respectfully submitted; “W. A. McBride, M.D.; Psychiatrist “Andrew J. Mullen, M.D.; Psychiatrist “Willis P. Butler, M.D., Coroner of Caddo Parish””

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