Hearn v. State’s Empirical Analysis

Citation profile

47 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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If before or during trial the court, of its own motion or upon motion of an attorney, has reasonable ground to believe that the defendant is incompetent to stand trial, the court shall order the defendant to submit to a mental examination by some competent psychiatrist selected by the court in accordance with § 99-13-11 of the Mississippi Code Annotated of 1972. After the examination the court shall conduct a hearing to determine if the defendant is competent to stand trial. After hearing all the evidence, the court shall weigh the evidence and make a determination of whether the defendant is competent to stand trial. If the court finds that the defendant is competent to stand trial, then the court shall make the finding a matter of record and the case will then proceed to trial.”

   6 later decisions quote this exact passage · from the majority
   e.g. Erik Wayne Hollie v. State of Mississippi · Sanders v. State

2. “(1) who is able to perceive and understand the nature of the proceedings; (2) who is able to rationally communicate with his attorney about the case; (3) who is able to recall relevant facts; (4) who is able to testify in his own defense if appropriate; and (5) whose ability to satisfy the foregoing criteria is commensurate with the severity of the case.”

   6 later decisions quote this exact passage
   e.g. Hutto v. State · Dickerson v. State

3. “[a] defendant is entitled to have jury instructions given [that] present his theory of the case ...,”

   3 later decisions quote this exact passage · from the majority
   e.g. 49 So. 3d 66 - Newell v. State · 33 So. 3d 1134 - Brown v. State