Gill v. State’s Empirical Analysis
2001
Citation profile
18
cited by 18 later decisions
1
states following
June 2014
most recently cited
16 state decisions
Relationships
Relies on Strickland v. Washington · North Carolina v. Pearce · United States v. DiFrancesco · Ball v. United States · Bullington v. Missouri
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The diminished capacity doctrine allows a defendant to offer evidence of his mental condition with respect to his capacity to achieve the mens rea required for the commission of the offense charged. In particular, the defense may be invoked to negate specific intent, where such intent is an element of the offense charged. Diminished capacity differs from the insanity defense in that it may be raised by a defendant who has conceded to be legally sane.”
1 later decision quote this exact passage“could not formulate malice aforethought, an essential element of murder.” Id. The defendant asked for a diminished capacity instruction at the close of trial, and the judge refused. See id. The South Carolina Supreme Court affirmed, holding,”
1 later decision quote this exact passage“improper comments on a defendant's failure to testify do not automatically require reversal if they are not prejudicial to the defendant.”
1 later decision quote this exact passagee.g. Payne v. State
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.