State v. Musgrove’s Empirical Analysis
1966
Citation profile
6 federal appellate · 2 district · 40 state decisions
How this case has been cited
Cited by 50 later decisions (2 by the Supreme Court) — most recently August 2020 · most notably McNeil v. Director, Patuxent Institution (1972), Gluckstern v. Sutton (1990)
6 federal appellate · 2 district · 40 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 Ker v. California · Abel v. United States · Snyder v. Cearfoss · Kardy v. SHOOK, J. · Harris v. State
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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ... [W]e are of the opinion that the legislature in using the term ‘personal examination and study’ must have intended that the examiner, be he a medical physician, a psychiatrist or psychologist, would use such methods and tests to ascertain the physical, psychiatric and psychological characteristics and deficiencies of the patient as were necessary to enable the examiner to reach a valid opinion. Conceivably, this would not always require the patient to talk to the examiner although it would seem that usually it would, as the record indicates was true in the case before us. Significantly, the requirement is not only that the examination be ‘personal’ but that it also be the ‘[examiner’s] own.’ This, we think, unequivocally implies that the examiners were to apply their expert knowledge in reaching a determination as to the defective delinquency of the patient... . Certainly the statute does not imply, as the judge indicated, that the staff could have based its conclusion as to the presence or absence of defective delinquency on the prior record of the patient. ...””
3 later decisions quote this exact passage · from the majority““Finally, because a person sentenced on or after the effective date of Chapter 283 of the Laws of 1963, may be detained in Patuxent under § 6(e) as amended until the procedures for determining whether he is a defective delinquent have been completed regardless of whether or not the criminal sentence has expired and because such person is not entitled to credit for good behavior against the criminal sentence unless the conditions specified in § 7(a) as amended have been met, we are of the opinion that the person so confined should not be released on habeas corpus until the court is satisfied, not only that the delayed delinquency inquiry permitted by § 6(e) has been completed, but that the credit allowable for good behavior under § 7 (a) has been approved by the Board of Correction.””
2 later decisions quote this exact passage · from the majority“"[W]e are of the opinion that the order of court referring a person to Patuxent for an examination until such time as the procedures for determining whether or not such person is a defective delinquent have been completed could not be defeated by the refusal of such person to submit to the examination required by § 7 (a) if the Patuxent staff cannot make its determination without it." Id. at 532.”
2 later decisions 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.