State v. Odenbaugh’s Empirical Analysis

Citation profile

47 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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) erroneous denial of a challenge for cause; and (2) the use of all his peremptory challenges.”

   5 later decisions quote this exact passage
   e.g. 127 So. 3d 76 - State v. Hamilton · State v. Queen

2. “B. Other crimes, wrongs, or acts. (1) Except as provided in Article 412, evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake or accident, provided that upon request by the accused, the prosecution in a criminal ease shall provide reasonable notice in advance of trial, of the nature of any such evidence it intends to introduce at trial for such purposes, or when it relates to conduct that constitutes an integral part of the act or transaction that is the subject of the present proceeding.”

   4 later decisions quote this exact passage · from the majority
   e.g. 123 So. 3d 256 - State v. Taylor · 216 So. 3d 236 - State v. Young

3. “' The decision as to a defendant’s competency to stand trial should not turn solely upon Whether he suffers from a mental disease or defect, but must be made with specific reference to the nature of the charge, the complexity of the case and the gravity of the decisions with which he is faced. Appropriate considerations in determining whether the accused is fully aware of the nature of the. proceedings include: whether he understands the nature of the charge and can appreciate its seriousness; whether he understands what defenses are available; whether he can distinguish a guilty plea from a not guilty plea and understand the consequences of each; whether he has an awareness of his legal rights; and whether he understands the range of possible verdicts and the' consequences of conviction.' Facts, to consider in determining -an accused’s .ability to assist in his defense include: whether he is able- to recall and relate facts pertaining to his actions and whereabouts at certain times; whether he is able to assist counsel in locating and examining relevant witnesses; whether he is able to maintain a consistent defense; whether he is able to listen to the testimony of witnesses and inform his lawyer of any distortions or misstatements; whether he has the ability to make simple decisions in response to well-explained alternatives; whether, if necessary'to defense strategy, he is capable of testifying in his own defense; and to what extent, if any! his’mental condition is apt to d”

   2 later decisions quote this exact passage
   e.g. 179 So. 3d 770 - State v. Barbain · 257 So. 3d 717 - State v. Cawthorne