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← 726 SW2D 754 - Guinan v. State

Guinan v. State’s Empirical Analysis

1986

Citation profile

25
cited by 25 later decisions
2
states following
October 2018
most recently cited

7 federal appellate · 17 state decisions

How this case has been cited

Cited by 25 later decisions — most recently October 2018 · most notably Battle v. Delo (1994), 110 Wash. 2d 326 - In Re the Personal Restraint of Jeffries (1988)

7 federal appellate · 17 state decisions

1101986199020002010decided

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 Strickland v. Washington · Powell v. State of Alabama Patterson · Caldwell v. Mississippi · State v. Guinan · State v. Roberts

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

  1. “It is clear that neither movant’s original motion nor his amended motion embody the allegation of error contained in his point relied on in this appeal. Generally, a variance between a claim advanced in a Rule 27.26 motion and claim on appeal leaves nothing to review. Plant v. State, 547 S.W.2d 835, 836 (Mo.App.1977). However, at the evidentiary hearing on movant’s 27.26 motion, testimony was presented concerning mov-ant’s capacity to stand trial. This testimony was received without objection from the state. The hearing court addressed the issue in its findings and conclusions. Under these circumstances it may be reviewed on appeal. The 27.26 motion will be treated as amended to conform to the evidence. Laws v. State, 708 S.W.2d 182, 184 (Mo.App.1986).”
    1 later decision quote this exact passage
  2. “Movant’s counsel conferred with mov-ant’s family at length about appearing at the punishment phase of trial ... Counsel determined that to put on any witness during the ■ punishment phase would be detrimental to movant’s case. He said that he could not figure a way to put on any witnesses without the details of mov-ant’s twelve prior felony convictions, and in particular one assault, coming out.”
    1 later decision quote this exact passage
  3. “The mere filing of a motion under [section] 552.020 and counsel's naked assertion that the accused is incompetent does not provide the trial court with reasonable cause to believe that the psychiatric examination is required. There must be evidence tending to show incompetency or it must appear to the trial court from personal observation that the defendant is incompetent.”
    1 later decision quote this exact passage

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.