Russell v. State’s Empirical Analysis
1974
Citation profile
3 federal appellate · 16 state decisions
How this case has been cited
Cited by 19 later decisions — most recently December 1995
3 federal appellate · 16 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 Irvin v. Dowd · Sandefur v. State · Roberts v. State · Tarter v. State · 59 Okla. Crim. 146 - Kennamer v. State
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““An act done by a person in a state of insanity cannot be punished as a public offense, nor can a person be tried, adjudged to punishment, or punished for a public offense, while he or she, as the case may be, is insane; but where in any criminal action by indictment or information the defense of insanity is interposed either singly or in conjunction with some other defense, the jury must state in the verdict, if it is one of acquittal, whether or not the defendant is acquitted on the ground of insanity and where the defendant is acquitted on the ground that he or she, as the case may be, was insane at the time of the commission of the crime charged, such person shall be discharged from further custody unless the court has reasonable grounds to believe that said person is presently mentally ill and that the release of such individual would be dangerous to the public peace or safety. In that event, the district attorney shall forthwith prepare, sign and file a petition for the commitment of said alleged mentally ill person. Determination of such alleged mental illness, commitment and discharge shall be made pursuant to the procedure set forth in the Oklahoma Mental Health Law, Title 43A, Oklahoma Statutes, Sections 54-82, inclusive.””
1 later decision quote this exact passagee.g. Thomsen v. State“It is well-settled in OMahoma that the doubt referred to in the statute is that doubt which must arise in the mind of the trial court. The trial court may look to the source of the information and motive in determining whether there is doubt which would justify a sanity hearing, and the existence of a doubt as to defendant’s sanity must arise from facts of a substantial nature. There must exist reasons to believe that the defendant’s claim of insanity is genuine and not simulated to delay justice, and the finding of the trial court will not be disturbed on appeal unless a clear abuse of discretion is shown.”
1 later decision quote this exact passagee.g. Cargle v. State““ ‘. . . [T]hat the doubt justifying the impaneling of a separate jury to try the issue of the defendant’s present sanity, under the statute, must arise in the mind of the court from the facts and circumstances, which facts and circumstances should be of substantial character. . . . ’ ” (Emphasis added, citations omitted)”
1 later decision quote this exact passagee.g. Wadkins v. State
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.