Thomas v. Kemp’s Empirical Analysis

Citation profile

15 federal appellate · 1 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Thomas took the stand in his own defense and testified that he had no memory of the incident ... He attributed his lack of memory to pills he ... ingested ____ Thomas’ counsel elicited testimony from the State’s examining psychiatrist that it would be possible for a drug to “overmaster [a] person’s will or impel him to commit a crime,” ... [and] requested and obtained a jury , charge on drug intoxication____”

   1 later decision quote this exact passage · from the dissent
   e.g. Burger v. Kemp

2. “as to render him incapable of forming an intent to do the act charged or to understand that certain consequences were likely to result from it, he would not be criminally responsible for the act. Whether that was true or not, it is a question for you and the jury to determine.”

   1 later decision quote this exact passage · from the dissent
   e.g. Dick v. Kemp