Enebak v. Noot’s Empirical Analysis

Citation profile

1 district · 8 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Discharge. A person who has been found by the committing court to be mentally ill and dangerous to the public shall not be discharged unless it appears to the satisfaction of the commissioner, after a hearing and a favorable recommendation by a majority of the special review board, that the patient is capable of making an acceptable adjustment to open society, is no longer dangerous to the public, and is no longer in need of inpatient treatment and supervision. In determining whether a discharge shall be recommended, the special review board and commissioner shall consider whether specific conditions exist to provide a reasonable degree of protection to the public and to assist the patient in adjusting to the community. If the desired conditions do not exist, the discharge shall not be granted.”

   1 later decision quote this exact passage
   e.g. Reome v. Levine

2. “is not to weigh the evidence as if trying the matter de novo, but to determine from an examination of the record if the evidence as a whole sustains the appeal panel’s findings. If it does so, it is immaterial that the record might also provide a reasonable basis for inferences and findings to the contrary.”

   1 later decision quote this exact passage
   e.g. Piotter v. Steffen

3. “The statute is a clear legislative mandate that the need for inpatient treatment and the degree of protection to the community are the factors to be considered in the discharge decision. Therefore, the panel’s application of the statute, rather than the Johnson case, was correct and must be upheld.”

   1 later decision quote this exact passage
   e.g. Reome v. Levine