Erickson v. Rubey’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A]n individual who is shown to have engaged in sexually predatory conduct and who has a congenital or acquired condition that is manifested by a sexual disorder, a personality disorder, or other mental disorder or dysfunction that makes that individual likely to engage in further acts of sexually predatory conduct which constitute a danger to the physical or mental health or safety of others.”

   3 later decisions quote this exact passage
   e.g. Suhr v. J.M. · Grosinger v. M.D.

2. “Based solely on the actual risk results it is my professional opinion that Mr. Ru-bey’s actuarial assessed static baseline risk of sexual recidivism may not meet the criteria of likely to engage in further acts of sexually predatory conduct as defined in N.D.C.C. 25-03.1. [¶ 23] Rubey is not a psychopath: Q. BY MR. RUNGE: Dr. Sullivan, if I can find it here, your assessment using the PCL-R checklist, the Psychopathy Checklist, what does the manual say for the cut off? A. 30 out of 40. Q. And you scored him what? A. 23. Q. So that means he’s not psychopath? A. That’s right.”

   1 later decision quote this exact passage
   e.g. Erickson v. Rubey