State v. Gary’s Empirical Analysis

Citation profile

2 federal appellate · 7 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “§ 552.030.1, RSMo 1994, under the diminished capacity doctrine, the defendant accepts criminal responsibility for his conduct but seeks conviction of a lesser degree of the crime because the mental disease or defect prevented the defendant from forming the mental element of the higher degree of the crime.”

   3 later decisions quote this exact passage
   e.g. Honeycutt v. Roper · 619 F. Supp. 2d 661 - Worthington v. Roper

2. “partial responsibility” doctrine permits a defendant to introduce evidence of a mental disease or defect to prove the absence of a particular mental element of the crime. .... Unlike the doctrine of not guilty by reason of insanity which provides a defendant is not criminally responsible for his conduct”

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

3. “[He] explained his purpose for offering evidence of alcohol was to undermine the Defendant's diminished capacity theory: My burden is not only of proof beyond a reasonable doubt on the elements but persuasion that the defense offered is ludicrous and is of no merit.”

   1 later decision quote this exact passage
   e.g. David Gary v. Dave Dormire