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← 749 P.2d 621 - State v. DePlonty

State v. DePlonty’s Empirical Analysis

1987

Citation profile

12
cited by 12 later decisions
1
states following
September 2014
most recently cited

12 state decisions

How this case has been cited

Cited by 12 later decisions — most recently September 2014

12 state decisions

501987199020002010decided

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 State v. Green · Rucker v. Dalton · State v. Bishop · Milne Truck Lines, Inc. v. Public Service Commission · State v. Sessions

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

  1. “(1) When a jury renders a verdict or a court enters a finding of “not guilty by reason of insanity”, the court shall then conduct a hearing within five days to determine if the defendant is presently mentally ill. The defense counsel and prosecutors may request further evaluations and may present testimony from those examiners. (2) After the hearing and upon consideration of the record, if the court finds by clear and convincing evidence that the defendant is still mentally ill and because of that mental illness presents a substantial danger to himself or others, the court shall order him committed to the Utah state hospital. The defendant shall not be released from confinement therein until the court which committed the defendant shall, after hearing, find that the defendant has recovered from his mental illness.”
    2 later decisions quote this exact passage
  2. “(1) Upon a plea of guilty and mentally ill being tendered by a defendant to any charge, the court shall hold a hearing within a reasonable time to determine whether the defendant is mentally ill. (2) The court may order the department to examine the defendant, and may receive the testimony of any public or private expert witness offered by the defendant or the prosecutor. The defendant may be placed in the Utah State Hospital for that examination only upon approval by the executive director. (3)(a) A defendant who tenders a plea of guilty and mentally ill shall be examined first by the trial judge, in compliance with the standards for taking pleas of guilty. The defendant shall be advised that a plea of guilty and mentally ill is a plea of guilty and not a contingent plea. (b) If a defendant is later found not to be mentally ill, that plea remains a valid plea of guilty, and the defendant shall be sentenced as any other offender. (4)If the court concludes that the defendant is currently mentally ill his plea shall be accepted and he shall be sentenced in accordance with Section 77-16a-104. 2”
    1 later decision quote this exact passage
  3. “Whenever any person is convicted of or pleads guilty to rape ... or an attempt to commit [rape], and when it appears to the court either upon its own observation or upon evidence otherwise presented, that the defendant may be suffering from any form of mental disease or defect which may have substantially contributed to the commission of the offense, the court shall order a mental examination of that person.”
    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.