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← 76 OHIOST3D 324 - State v. Awkal

State v. Awkal’s Empirical Analysis

1996

Citation profile

185
cited by 185 later decisions
1
states following
June 2025
most recently cited

8 federal appellate · 176 state decisions

How this case has been cited

Cited by 185 later decisions — most recently June 2025 · most notably State v. Leonard (2004), State v. Fears (1999)

8 federal appellate · 176 state decisions

8801996200020102020decided

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 · Jackson v. Virginia · State v. Jenks · State v. Bradley · State v. Lott

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

  1. “Counsel also called Dr. Rizk to testify during the guilt phase. Dr. Rizk is adequately qualified and has testified in numerous other similar circumstances. However, Dr. Rizk testified that Awkal was sane at the time of the murders. This testimony obviously damaged Awkal’s affirmative defense that he was not sane when he committed the murders. Yet, portions of Dr. Rizk’s testimony assisted the defense, including testimony about religion as a basis for Awkal’s marital problems, his medication levels, and his hallucinations. Counsel concluded Awkal’s affirmative defense by calling Dr. McGee, a psychiatrist. Dr. McGee was not yet board certified in psychiatry, had no experience in forensic psychiatry, and had been practicing psychiatry for only one year. Dr. McGee testified that Awkal, as evidenced by his hallucinations involving his wife in his cell in Dayton, had broken with reality at the time of the murders. This break with reality impaired his ability to know right from wrong at the time of the murders. Although her opinion may have been diminished by her lack of certification and inexperience, Dr. McGee supported Awkal’s affirmative defense. Thus, of the three doctors called to testify for the defense, the testimony of one was stricken from the record, one gave an opinion contradicting Awkal’s affirmative defense but also gave other evidence that assisted that defense, and one testified that Awkal was not mentally responsible for his acts. However, Drs. McGee and Hewitt wer”
    5 later decisions quote this exact passage
  2. “It was error for the prosecutor to argue that Awkal would “walk out that door” if the jury found him not guilty by reason of insanity. First, this statement was an incorrect statement of the law. If Awkal were found not guilty by reason of insanity, he would have been confined to a psychiatric facility until his sanity was restored. This statement plainly sought to inflame the passions of the jury. However, the prosecutor’s arguments, as a whole, although impassioned, did not deprive Awkal of a fair trial and did not constitute plain error.”
    2 later decisions quote this exact passage
  3. “Determinations of expert witness qualifications to testify are within the sound discretion of the trial court.”
    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.