381 So. 2d 439 - State v. Williams’s Empirical Analysis

Citation profile

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. “The twofold test of mental capacity to stand trial under this article is: (1) whether the accused fully understands the consequences of the proceedings; and, (2) whether he has the ability to assist in his defense by consultation with counsel. A defendant can be incompetent in this sense even though free of psychosis, oriented as to time and place and aware of his surroundings. Being mentally retarded or of subnormal intelligence is not in itself proof of incapacity. However, when substandard mental ability combines with other problems to prevent a defendant from rationally assisting his counsel, a fair trial cannot proceed. Where there is conflicting medical testimony, a trial judge's determination of defendant's capacity to stand trial is entitled to great weight.”

   1 later decision quote this exact passage
   e.g. 10 So. 3d 895 - State v. Mims

2. “... The defendant is mildly to moderately retarded and has a speech handicap which makes communication difficult. This handicap disables him both in advising counsel of facts pertinent to his defense and in testifying ... 381 So.2d at 440 [Emphasis supplied.]”

   1 later decision quote this exact passage
   e.g. 471 So. 2d 954 - State v. Smith

3. “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.”

   1 later decision quote this exact passage
   e.g. State v. Leason