State v. Mishne’s Empirical Analysis
1981
Citation profile
1 district · 20 state decisions
How this case has been cited
Cited by 22 later decisions — most recently July 2017
1 district · 20 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on State v. Flick · State v. Smith · State v. Durgin · State v. Rice · State v. West
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“1. A defendant is not criminally responsible if, at the time of the criminal conduct, as a result of mental disease or defect, he either lacked substantial capacity to conform his conduct to the requirements of the law, or lacked substantial capacity to appreciate the wrongfulness of his conduct. The defendant shall have the burden of proving, by a preponderance of the evidence, that he lacks criminal responsibility as described in this subsection. 2. As used in this section, “mental disease or defect” means any abnormal condition of the mind which substantially affects mental or emotional processes and substantially impairs the processes and capacity of a person to control his actions. An abnormality manifested only by repeated criminal conduct or excessive use' of alcohol, drugs or similar substances, in and of itself, does not constitute a mental disease or defect.”
1 later decision quote this exact passagee.g. State v. Murphy“1. When the defendant enters a plea of not guilty ... by reason of insanity, he shall also elect whether the trial shall be in 2 stages.... 2. If a two-stage trial is elected by the defendant, there shall be a separation of the issue of guilt from the issue of insanity. ... A. The issue of guilt shall be tried first and the issue of insanity tried only if the jury returns a verdict of guilty.... B. Evidence of mental disease or defect ... shall not be admissible in the guilt or innocence phase of the trial for the purpose of establishing the defense of a lack of criminal responsibility....”
1 later decision quote this exact passagee.g. State v. Valentine“an addict in [the defendant’s] state suffers from a “compulsion” to obtain drugs. Existence of a compulsion, or a compelling need, does not tend to negate a conscious purpose to cause certain results. Nor does evidence of a compelling need tend to show that a defendant lacked conscious awareness of the attendant circumstances of his actions. In fact, evidence of a compelling need tends to confirm, the conclusion that defendant acted with awareness and with the conscious object of fulfilling that need.”
1 later decision quote this exact passage
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.