United States v. Mitchell’s Empirical Analysis
709 F.3d 436 · 2013
Citation profile
3 federal appellate ·
Relationships
Applies 18 U.S.C. § 4241 · 18 U.S.C. § 4243 · 28 U.S.C. § 1291
Relies on Pate v. Robinson · Drope v. Missouri · Godinez v. Moran · Cooper v. Oklahoma · Shannon v. United States
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.
“§ 4243. Hospitalization of a person found not guilty only by reason of insanity (a) Determination of present mental condition of acquitted person. — If a person is found not guilty only by reason of insanity at the time of the offense charged, he shall be committed to a suitable facility until such time as he is eligible for release pursuant to subsection (e) [sic, should read “subsection (f)”]. (b) Psychiatric or psychological examination and report. — prior to the date of the hearing, pursuant to subsection (c), the court shall order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the court.... (c) Hearing. — a hearing shall be conducted pursuant to the provisions of section 4247(d) and shall take place not later than forty days following the special verdict. (d) Burden of proof. — In a hearing pursuant to subsection (c) of this section, a person found not guilty only by reason of insanity of an offense involving bodily injury to, or serious damage to the property of, another person, or involving a substantial risk of such injury or damage, has the burden of proving by clear and convincing evidence that his release would not create a substantial risk of bodily injury to another person or serious damage of property of another due to a present mental disease or defect. With respect to any other offense, the person has the burden of such proof by a preponderance of the evidence. (e) Det”
3 later decisions quote this exact passage · from the majority
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.