Carr v. State’s Empirical Analysis

Citation profile

1 federal appellate · 4 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “an individualized determination of whether [McGouirk's] confinement reasonably advances the government's purpose”

   2 later decisions quote this exact passage
   e.g. United States v. McKown · McGouirk v. State

2. “the trial court should proceed as it does in determining how to evaluate mentally incompetent defendants accused of nonviolent offenses. To ensure that the nature of commitment to the department is appropriate for the particular defendant, the court should consider all relevant evidence and make a finding as to whether the evaluation required by OCGA § 17-7-130 (c) should be conducted on an inpatient or outpatient basis. ... If the court determines that inpatient evaluation is not appropriate for [McGouirk, who is] a mentally incompetent defendant charged with a violent offense and [who is] not already detained for another, lawful reason, then the portion of OCGA § 17-7-130 (c) requiring commitment of [McGouirk] to the physical custody of the department cannot be applied as a matter of constitutional due process.”

   1 later decision quote this exact passage · from the dissent
   e.g. McGouirk v. State

3. “If the court finds the accused is mentally incompetent to stand trial, the court may order a department physician or licensed psychologist to evaluate and diagnose the accused as to whether there is a substantial probability that the accused will attain mental competency to stand trial in the foreseeable future. The court shall retain jurisdiction over the accused and shall transfer the accused to the physical custody of the department. At its discretion, the court may allow the evaluation to be performed on the accused as an outpatient if the accused is charged with a nonviolent offense . Such evaluation shall be performed within 90 days after the department has received actual custody of an accused or, in the case of an outpatient, a court order requiring evaluation of an accused.”

   1 later decision quote this exact passage
   e.g. McGouirk v. State