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← 941 SW2D 732 - State v. Davidson

State v. Davidson’s Empirical Analysis

1997

Citation profile

16
cited by 16 later decisions
1
states following
October 2018
most recently cited

2 federal appellate · 12 state decisions

How this case has been cited

Cited by 16 later decisions — most recently October 2018

2 federal appellate · 12 state decisions

100199720002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Strickland v. Washington · Sanders v. State · State v. Parkhurst · State v. Copeland · State v. Stepter

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

  1. “Evidence of a defendant’s mental disease or defect is admissible in a criminal proceeding under eight specific circumstances. Section 552.015.2. Therefore, except as provided in § 552.015.2, expert testimony of a defendant’s state of mind affecting criminal responsibility is not authorized and may be excluded. State v. Copeland, 928 S.W.2d 828, 837 (Mo. banc 1996). In the present case, the only provision under which Dr. Cuneo’s testimony could be admitted is § 552.015.2(8). That section provides that evidence of a defendant’s mental disease or defect shall be admissible only ‘[t]o prove that the defendant did or did not have a state of mind which is an element of the offense.’ Defendant did not deny he was mentally able to deliberately commit the charged crimes. His argument was he was entitled to rebut his incriminating statement to the police by expert medical evidence of his inability to truthfully and accurately describe the shootings. If the evidence was not being offered as expert testimony diagnosing defendant to have a mental disease or defect excluding responsibility for committing one or more elements of the crime, including absence of the appropriate mental state, it is inadmissible under § 552.015. Copeland, 928 S.W.2d at 887 . Defendant wanted Dr. Cuneo’s testimony for proof of (1) his state of mind at the time he made statements to the police after the shooting and (2) his ability to recount the prior events at trial. The state objected to the admission of the e”
    1 later decision quote this exact passage
  2. “The self-defense instruction is not available when the victim is no longer threatening the defendant,”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.