In Re Linehan’s Empirical Analysis

Citation profile

5 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We do not commit and do not attempt ‘to treat’ first degree murderers, even contract killers, even if they have sworn vengeance against their accusers, after they have served all their time. They may be released with strong warnings not to run afoul of the law again. If there is any probation or parole time left, the state might well “sit on their heads” with onerous release conditions, but no attempt is made to commit them against their will to a hospital. First degree murder is as serious, or more serious, than sex offenses, so we cannot distinguish between the two on the basis of who has done the more heinous thing. We do not attempt to involuntarily commit and treat habitual check forgers, even though their recidivism is high or higher than sex offenders. So we cannot differentiate between the two classes on the basis of recidivism. Also we do not try to involuntarily commit and then treat kleptomaniacs, pyromaniacs, or any other of the ‘manias’ that are criminal conduct. Respondent alludes to this reasoning, and argues that sexual offenders are dangerous in a way different than those who commit these other offenses. See also Blodgett, 510 N.W.2d at 917 (stating there are substantial distinctions between sexual predators and other criminals). That reasoning, however, is not constitutionally significant. Instead, it proves the point. Psychopathic personalities are the subject of preventive detention. The state simply chooses this one class of people, to the exclusion of o”

   1 later decision quote this exact passage · from the dissent
   e.g. Joelson v. O'KEEFE

2. “Individuals who challenge a statute’s constitutionality usually bear the heavy burden of proving their claim beyond a reasonable doubt. However, if the statute infringes on a fundamental right, the burden shifts to the state to prove the law is necessary to a compelling interest. * * * * * * * * * [While the trial court erroneously charged Linehan with proving the statute’s unconstitutionality beyond a reasonable doubt], [t]his error does not require us to reverse and remand for further consideration, provided a proper application of the law would have produced an identical result. Accordingly, we must independently evaluate whether the state has proven the law’s constitutionality by demonstrating its narrow tailoring to a compelling interest.”

   1 later decision quote this exact passage
   e.g. Caprice v. Gomez

3. “(1) has engaged in a course of harmful sexual conduct * * *; (2) has manifested a sexual, personality, or other mental disorder or dysfunction; and (3) as a result, is likely to engage in acts of harmful sexual conduct * * *.”

   1 later decision quote this exact passage
   e.g. Matter of Linehan