Mercer v. Commonwealth’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “`to assess the credibility of the witnesses and the probative value to be given their testimony.'”

   2 later decisions quote this exact passage · from the majority
   e.g. Riner v. Com. · Grattan v. Com.

2. “`[c]onflicting expert opinions constitute a question of fact'”

   2 later decisions quote this exact passage · from the majority
   e.g. Riner v. Com. · Grattan v. Com.

3. “[t]he government in Foucha did not argue that Foucha’s [Anti Social Personality Disorder, or] APD was a mental illness; rather, it relied on the trial court’s finding that the APD made Foucha a danger “to himself or others.” Id. at 78 , 112 S.Ct. 1780 . Thus, the Supreme Court did not decide in Foucha whether APD is a mental illness, but simply affirmed the principle that a state cannot confine an individual with a mental illness absent a showing by clear and convincing evidence “that the individual is mentally ill and dangerous.” Id. at 80 , 112 S.Ct. 1780 (quoting Jones v. United States, 463 U.S. 354, 362 , 103 S.Ct. 3043 , 77 L.Ed.2d 694 (1983)).”

   1 later decision quote this exact passage · from the majority
   e.g. 139 N.C. App. 114 - In Re Hayes