Shepard v. Bowe’s Empirical Analysis
1968
Citation profile
23 state decisions
How this case has been cited
Cited by 25 later decisions — most recently May 2010 · most notably Schade v. State (1973), State v. Kendall (1977)
23 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.
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"(1) IT IS HEREBY ORDERED that the Defendant submit to a psychiatric examination by Dr. Jeffrey Thompson on August 5, 1980, at the hour of 10:30 O'clock A.M., in his office located at 2951 Doctor's Park Drive in Medford, Oregon. "(2) IT IS FURTHER ORDERED that Dr. Thompson advise the Defendant that he is conducting the examination for and on behalf of the State of Oregon; that he is not examining Defendant for purposes of treatment and that the Defendant need not answer any questions concerning his acts or conduct at or immediately near the time of the commission of the offense. `At or immediately near the time of the commission of the offense' includes any acts or conduct bearing a proximate connection to the crime charged or of any other crime which acts or conduct could in any way tend to incriminate the Defendant; by incrimination is meant any statement concerning any acts or conduct which involve him in the crime charged or any other crime; "(3) IT IS FURTHER ORDERED that the Defendant is to answer all questions asked of him by Dr. Thompson and/or perform any tests given in the course of the usual psychiatric examination except as heretofore limited by specification II; and "(4) IT IS FURTHER ORDERED that Donald F. Myrick, Defendant's attorney may be present at the examination and may advise the Defendant that he need not answer questions put to him by Dr. Thompson that fall within the limitations of specification II, but Donald F. Myrick is ordered not to advise the Def”
2 later decisions quote this exact passage“[T]he only way in which the constitutional right of the defendant not to be compelled to testify against himself can be adequately preserved is to hold that the defendant cannot be required to answer the questions [concerning his conduct relating to the charged offense], and the restrictions placed upon defense counsel by the trial court’s order [which barred counsel from advising the defendant not to answer questions about the details of the crime] must be removed.”
2 later decisions quote this exact passage
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.