Marsh v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(1) Whether or not the committed person presently has a mental disease or defect; “(2) The nature of the offense for which the committed person was committed; “(3) The committed person’s behavior while confined in a mental health facility; “(4) The elapsed time between the hearing and the last reported unlawful or dangerous act; “(5) Whether the person has had conditional releases without incident; “(6) Whether the determination that the committed person is not dangerous to himself or others is dependent on the person’s taking drugs, medicine or narcotics.””

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

2. “The burden of persuasion for any person committed to a mental health facility under the provisions of this section upon acquittal on the grounds of mental disease or defect excluding responsibility shall be on the party seeking unconditional release to prove by clear and convincing evidence that the person for whom unconditional release is sought does not have, and in the reasonable future is not likely to have, a mental disease or defect rendering the person dangerous to the safety of himself or others.”

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

3. “A court must exercise 'extreme caution' in contemplating the conditional or unconditional release of a person acquitted of murder on the basis of mental defect or disease because 'the risks are immense if an error is made.'”

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