State v. Tyrrell’s Empirical Analysis

Citation profile

1 district · 30 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “No person who as a result of a physical or mental disease, disorder, or defect lacks capacity to understand the proceedings against him or to assist in his own defense shall be tried, convicted, or sentenced for the commission of an offense so long as such incapacity endures.”

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

2. “In cases where the adequacy of counsel is in question, we must first examine the record with appellant’s allegations in mind, to determine whether, viewed as a whole, the assistance provided appears to have been below the level of ordinary competence demanded of lawyers in criminal cases. If this examination shows that defenses crucial to appellant’s case could have been, but were not raised, or that trial counsel inexplicably failed to assert appellant’s constitutional rights, the case will be examined further to determine whether counsel’s actions were the result of informed judgment or constitutionally inadequate preparation. The issue of informed judgment... is only relevant where the actions or inactions resulting from that judgment seem unreasonable. If this were not so, every criminal conviction would be vulnerable on appeal to the allegation or admission that trial counsel’s choice of defenses or tactics, reasonable on the surface, had actually been made in gross ignorance of important rules of law. . . .”

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

3. “Appellant ... contends that in this case due process required that appellant be examined by a panel of three examiners in accordance with the statutory procedure. But appellant has referred us to no authority indicating that the statutory procedure is constitutionally mandated. The Court carefully points out in Drope that its conclusion that a statutory procedure is constitutionally adequate to provide the inquiry into competency required for due process does not imply that the statutory procedure must be followed in order to provide due process. 420 U.S. at 172 [ 95 S.Ct. 896 ]. Moreover, no general standard has been prescribed in these cases with respect to the nature or quantity of evidence necessary to require resort to a constitutionally adequate procedure.””

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