305 So. 2d 457 - State v. Clark’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “". . . In this case the accused has entered a dual plea of not guilty and not guilty by reason of insanity. As a consequence of such a plea, you must first determine whether or not the accused committed a crime such as the ones named when I instructed you as to the responsive verdicts that you may return in the case. If you are convinced beyond a reasonable doubt that the accused did commit any of these crimes, any one of these crimes, then you must proceed to a determination of whether he was sane at the time the crime was committed and thereby criminally responsible for committing it. Preliminarily, I instruct you that the law presumes every person to be sane. This presumption continues to exist until it is overcome or outweighed by evidence to the contrary. Under the law of this state, insanity at the time of the commission of a crime exempts the offender from criminal responsibility. And Article 14 I've already read to you. It provides as follows: If the circumstances indicate that because of a mental disease or mental defect the offender was incapable of distinguishing between right and wrong with reference to the conduct in question, the offender shall be exempt from criminal responsibility. A person is legally insane if his mind is so impaired or deranged, whether from nature or by accident or disease, as to render him incapable of planning and acting, or of having knowledge of the nature and quality of the act he is doing; incapable of realizing his responsibility to ”

   2 later decisions quote this exact passage
   e.g. 339 So. 2d 788 - State v. Marmillion · 964 So. 2d 911 - State v. Miller

2. “plea to the dual insanity plea is to give the State adequate notice of defendant's intention to advance the insanity defense and adequate time to prepare in the face of such a defense. See Official Revision Comment to La.C.Cr.P. art. 561. No such rationale is applicable in the reverse situation. When defendant seeks to withdraw the insanity portion of a dual plea and stand on a simple”

   2 later decisions quote this exact passage
   e.g. 359 So. 2d 616 - State v. Burge · 502 So. 2d 543 - State v. Perry

3. “the burden of establishing the defense of insanity at the time of the offense by a preponderance of the evidence.”

   2 later decisions quote this exact passage
   e.g. 360 So. 2d 813 - State v. Willie · 964 So. 2d 911 - State v. Miller