Overstreet v. State’s Empirical Analysis

Citation profile

2 federal appellate · 29 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “As we read Panetti , a prisoner is not competent to be executed within the meaning of the Eighth Amendment if (1) he or she suffers from a severe, documented mental illness; (2) the mental illness is the source of gross delusions; and (3) those gross delusions place the “link between a crime and its punishment in a context so far removed from reality” that it prevents the prisoner from “comprehending the meaning and purpose of the punishment to which he [or she] has been sentenced.””

   1 later decision quote this exact passage · from the concurrence
   e.g. Overstreet v. State

2. “To be admissible, [demonstrative] evidence must be sufficiently explanatory or illustrative of relevant testimony to be of potential help to the trier of fact.”); Benzel, 567 N.W.2d at 559-60 (allowing the use of exemplar ladders as demonstrative exhibits because they”

   1 later decision quote this exact passage · from the concurrence
   e.g. United States v. Pope

3. “[In Panetti ] the Supreme Court again declined to attempt to set down a rule governing all competency determinations. However, the Court departed from the Justice Powell formulation and expanded upon the Eighth Amendment’s reach for persons with mental illness.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Green, Jonathan Marcus