Grass v. Nixon’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1)The nature of the offense for which the committed person was committed; (2) The person’s behavior while confined in a mental health facility; (3) The elapsed time between the hearing and the last reported unlawful or dangerous act; (4) The nature of the person’s proposed release plan; (5) The presence or absence in the community of family or others willing to take responsibility to help defendant adhere to the conditions of the release; and (6) Whether the person has had previous conditional releases without incident.”

   2 later decisions quote this exact passage
   e.g. State v. Canchola · Marsh v. State

2. “In applying this statute, it is important to note it is not the legislature’s intent to punish persons exonerated from responsibility of a crime due to mental disease or defect. Rather, the statute intends to provide liberties to those so confined to the extent that public safety is not threatened. Where the crime committed is one of the enumerated offenses demonstrating a particularly grave risk to public safety ... the legislature places the burden on the party seeking release ‘to prove by clear and convincing evidence that the person for whom release is sought is not likely to be dangerous to others while on conditional release.’”

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

3. “(1) Marsh is not now and is not likely in the reasonable future to commit another violent crime against another person because of his mental illness; and (2) Marsh is aware of the nature of the violent crime committed against another person and presently possesses the capacity to appreciate the criminality of the violent crime against another person and the capacity to conform to his conduct to the requirements of law in the future.”

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