345 So. 2d 1129 - State v. Bennett’s Empirical Analysis

Citation profile

1 federal appellate · 136 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 137 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “whether he is able to recall and relate facts pertaining to his actions and whereabouts at certain times; whether he is able to assist counsel in locating and examining relevant witnesses; whether he is able to maintain a consistent defense; whether he is able to listen to the testimony of witnesses and inform his lawyer of any distortions or misstatements; whether he has the ability to make simple decisions in response to well-explained alternatives; whether, if necessary to defense strategy, he is capable of testifying in his own defense; and to what extent, if any, his mental condition is apt to deteriorate under the stress of trial.”

   60 later decisions quote this exact passage · from the dissent
   e.g. 796 So. 2d 816 - State v. Bell · State v. Holmes

2. “Mental incapacity to proceed exists when, as a result of mental disease or defect, a defendant presently lacks the capacity to understand the proceedings against him or to assist in his defense.”

   14 later decisions quote this exact passage
   e.g. State v. Pravata · State v. Swain

3. “Moreover, the judge's determination of a defendant's present mental capacity is entitled to great weight and his ruling will be reversed only if it is clearly erroneous.”

   4 later decisions quote this exact passage
   e.g. State v. Collatt · State v. Howard