McDaniel v. State’s Empirical Analysis

Citation profile

36 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) The issue of the defendant's incompetency to stand trial shall be determined in advance of the trial on the merits if the court determines there is evidence to support a finding of incompetency to stand trial on its own motion or on written motion by the defendant or his counsel filed prior to the date set for trial on the merits asserting that the defendant is incompetent to stand trial. (b) If, during the trial evidence of the defendant's incompetency is brought to the attention of the court from any source, the court must conduct a hearing out of the presence of the jury to determine whether or not there is evidence to support a finding of incompetency to stand trial. The statute was repealed by Acts 2003 78th Leg., ch. 35, effective January 1, 2004, and was replaced with the current Code of Criminal Procedure Article 46B.004.”

   2 later decisions quote this exact passage · from the majority
   e.g. Perez v. State · Montoya v. State

2. “[Njeed not perform a “competency inquiry” unless evidence is presented that raises a bona fide doubt in the judge’s mind regarding the defendant’s “present ability to consult with [his] lawyer with a reasonable degree of rational understanding” or his “rational as well as factual understanding of the proceedings against [him].””

   2 later decisions quote this exact passage · from the majority
   e.g. Nava v. State · Esaw Lampkin v. State

3. “[i]t has long been accepted that a person whose mental condition is such that he lacks the capacity to understand the nature and object of the proceedings against him, to consult with counsel, and to assist in preparing his defense may not be subjected to a trial.”

   2 later decisions quote this exact passage · from the majority
   e.g. In re J.K.N. · In Re JKN