State v. Gardner’s Empirical Analysis

Citation profile

42 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We can accept the proposition, at least guardedly, that cases may arise where, absent evidence to the contrary, the defendant’s evidence on the issue of insanity may be so clear and of such overpowering and persuasive force that reasonable minds can move only in the direction of a finding of insanity. In such a case, a court need not hesitate to rule on the issue as a matter of law.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Chavez

2. “While an accused is entitled to instruction on his theory of the case if evidence exists to support it, the court need not instruct if there is absence of such evidence. State v. Ortega, 77 N.M. 7 , 419 P.2d 219 (1966).”

   1 later decision quote this exact passage · from the majority
   e.g. Poore v. State

3. “sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding—and ... he has a rational as well as factual understanding of the proceedings against him.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Rotherham