Ex Parte Kent’s Empirical Analysis
1973
Citation profile
8 state decisions
How this case has been cited
Cited by 8 later decisions — most recently November 2017
8 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 Jackson v. Indiana
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The trial court, upon its own motion, should order a psychiatric examination and should proceed so as to comply with V.A.M.S. § 552.020, and so as to comply with Jackson v. Indiana, supra, to ascertain whether there is a substantial probability that petitioner will attain the capacity to proceed to trial in the foreseeable future. (2) If it is determined that petitioner is mentally fit to proceed, the criminal proceedings may be resumed. (3) If petitioner is not mentally fit to proceed, and there is not a substantial probability that petitioner will attain such capacity in the foreseeable future, the charges against petitioner should be dismissed ‘and if he is then in custody of the director of the division of mental diseases, he shall not be retained in such custody or in any hospital unless proper proceedings have been instituted and held as provided in sections 202.783 to 202.875 RSMo, in which case these sections and no others shall be applicable to his continued retention, hospitalization and discharge’ (V.A.M.S. § 552.020, Subsec. 8). (4) If petitioner is not mentally fit to proceed but there is a substantial probability that petitioner will be able to stand trial in the foreseeable future, the trial court should enter the necessary order to assure that petitioner’s ‘continued commitment * * * [is] justified by progress toward that goal.’ (Jackson v. Indiana, supra, 406 U.S. 715, 738 , 92 S. Ct. 1845, 1858 .)””
1 later decision quote this exact passage““1. When a defendant is acquitted on the ground of mental disease or defect excluding responsibility, the court shall order such person to be committed to the director of the division of mental diseases for custody, care and treatment in a state mental hospital.””
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.