Schaeffer v. State’s Empirical Analysis

Citation profile

17 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) At the close of the evidence or at such earlier time before or during the trial as the court reasonably directs, any party may file written requests that the court instruct the jury on the law as set forth in the requests. At the same time copies of such requests shall be furnished .to all parties. Before instructing the jury the court shall conduct a formal instruction conference out of the presence of the jury at which the court shall inform counsel of the proposed action upon their requests and shall afford them an opportunity to offer specific, legal objection to any instruction the court intends to give and to offer alternate instructions. No party may assign as error any portion of the charge or omission therefrom unless that party objects thereto before the jury is instructed, stating distinctly the matter to which the party objects and the grounds of objection. Before the argument of the case to the jury has begun, the court shall give to the jury such instructions on the law as may be necessary and the same shall be in writing, numbered and signed by the judge, and shall be taken by the jury when it retires.”

   1 later decision quote this exact passage
   e.g. Jorge Omero Mendoza v. State of Wyoming

2. “A trial court “has a continuing duty to monitor whether a defendant’s competency should be evaluated. This continuing duty is recognized by both our statutes and our case law. See Wyo. Stat. Ann. §§ 7-11-303 and 7-11-304 [ (LexisNexis 2011) ]; deShazer, 2003 WY 98, ¶ 26 , 74 P.3d at 1251 .” Follett v. State, 2006 WY 47, ¶ 15 , 132 P.3d 1155, 1160 (Wyo. 2006). However, if a defendant has been subject to a competency evaluation, “there must be ‘reasonable cause to believe [that] the accused has a mental illness or deficiency making him unfit to proceed’ before other evaluations are mandated[.]” Id. at ¶ 15, 132 P.3d at 1160 (quoting Wyo. Stat. Ann. § 7-11-303 (a)).”

   1 later decision quote this exact passage
   e.g. Jeremiah Anthony Marshall, a/k/a Jeremiah Anthony Mahoney v. State

3. “Once the trial court has “evaluated a defendant’s competency by the correct standard, the second inquiry on review is whether the trial court’s determination of a defendant’s competency is fairly supported by the record of the proceeding at which the determination [is] made.... In other words, the substantial evidence standard of review governs the second inquiry.””

   1 later decision quote this exact passage
   e.g. Jeremiah Anthony Marshall, a/k/a Jeremiah Anthony Mahoney v. State