Hill v. State’s Empirical Analysis

Citation profile

25 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “But if the cause for concern is only that the state cannot or will not provide effective facilities or services which may be reasonably required, that failure cannot be seized on as grounds to deny an eligible acquittee his unconditional release. To hold an insanity acquittee for an indefinite term of preventive detention, on the sole ground that he cannot guarantee his continued remission and the state refuses to provide reasonable measures to monitor and assume it, would render all the law's antecedent acts — his acquittal for insanity, the order of commitment to secure a public necessity, the enforcement of standards for release and for proof, and the hearing on his release petition — a farcical charade.”

   3 later decisions quote this exact passage
   e.g. Morrow v. State · State v. Murphy

2. “. By evidence the court is to be given a rich understanding of the patient’s medical history, present condition and behavior; prospective environment at liberty; the available resources for professional and lay observation and control; and the practicality of monitoring the success of a release plan. 358 So.2d at 208 .”

   3 later decisions quote this exact passage
   e.g. In Re Noel · Ingram v. State

3. “"The equal protection clause, as interpreted by the United States Supreme Court, does not require that the state treat insanity acquitees and civil committees alike in allocating the burden of proof and fixing the standard of proof required on release petitions... . And Jackson v. Indiana [ 406 U.S. 715 , 92 S.Ct. 1845 , 32 L.Ed.2d 435 ] held that one accused of crime, whose incompetency prevents a trial, cannot be held indefinitely without compliance with civil standards and procedures. Those decisions do not lessen the distinction between an ordinary citizen, committed in civil proceedings for mental illness, and one who was duly committed after being relieved of criminal responsibility on account of mental illness. Society has a special interest in criminal acquitees... . ... But the burden of proof, in the sense of a risk of nonpersuasion, is on the acquitee. It is he who asserts that conditions have changed; it should be presumed, in the absence of countervailing evidence, that the condition which justified the original hospitalization order has continued, ... and there is general agreement that one who asserted his mental irresponsibility for a crime, winning hospitalization instead of jail or worse, should bear the burden of proving grounds for his release, .... A preponderance of the evidence is the standard of proof normally applicable in civil matters, ... and is the degree of proof properly required for the release of insanity acquitees... . The duty to go forward ”

   1 later decision quote this exact passage
   e.g. 393 So. 2d 1351 - Bethany v. Stubbs