Gerard v. State’s Empirical Analysis

Citation profile

9 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 jury is the ultimate judge of defendant's sanity at the time of the crime, and * * * since it had before it evidence of defendant's behavior and state of mind upon the basis of which it could have found defendant sane at that time, it was not bound by the expert opinion testimony of the doctor.'" Id., quoting People v. Krugman, 377 Mich. 559 , 141 N.W.2d 33, 35 (1966).”

   2 later decisions quote this exact passage · from the majority
   e.g. Miller v. State · State v. Zespy

2. ““ * * * While it is not possible, or at least not practical, to enunciate rigid rules concerning the latitude which should be allowed counsel when interrogating prospective jurors, there is universal agreement that the matter is within the sound discretion of the trial court. * * * ” Gerard v. State, Wyo., 511 P.2d 99, 100 (1973).”

   2 later decisions quote this exact passage · from the majority
   e.g. Barnette v. Doyle · Ostrowski v. State

3. “"We noted in Reilly, supra, that neither the trial court nor this body should substitute its opinion for that of the jury, whose finding of fact should not be interfered with if there is any substantial evidence to support it. As the court said in People v. Krugman, 377 Mich. 559 , 141 N.W.2d 33, 35 [(1966)], `The jury is the ultimate judge of defendant's sanity at the time of the crime, and * * * since it had before it evidence of defendant's behavior and state of mind upon the basis of which it could have found defendant sane at that time, it was not bound by the expert opinion testimony of the doctor. * * *' We again recognized this view in Jarrett v. State, Wyo., 500 P.2d 1027, 1031-1032 [(1972)], involving a murder charge, where we held that the trial court correctly denied a motion for acquittal notwithstanding the testimony of psychiatrists that defendant had suffered from a mental disease or disorder, our position being that the other evidence which had been adduced was sufficient to show that defendant knew and understood the nature and probable consequences of his act, knew that it was morally wrong or forbidden by law, and had sufficient will power to control his acts. As Mr. Chief Justice McIntyre said in Rice v. State, Wyo., 500 P.2d 675, 676 [(1972)], `A jury can always disregard the testimony of an expert if the jurors find it to be unreasonable.'"”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Zespy