State v. Dodd’s Empirical Analysis

Citation profile

34 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. “When an objection to proffered evidence is sustained, the party offering the evidence must make an offer of proof to preserve the matter for appellate review. The offer of proof must state facts that are specific and sufficiently detailed to establish the admissibility of the evidence sought to be introduced. Mere statements and conclusions of counsel are not sufficient. The preferred method of making an offer of proof is to question the witness on the stand out of the jury’s hearing. An offer of proof is required to allow the trial court to consider the testimony in context and to make an informed ruling as to its admissibility. State v. Dodd, 10 S.W.3d 546, 556 (Mo.App.1999) (citations omitted). The record reflects that after the trial court sustained the State’s objection, the appellant made no offer of proof. As such, we would have to speculate, which we cannot do, as to whether Harris, if allowed to testify, would have testified that his street name was “Killer K.” Without knowing what Harris’ testimony would have been, we logically cannot proceed to determine what effect, if any, the introduction of such evidence could have had on the jury’s verdict.”

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

2. “The length of time a jury is allowed to deliberate and the decision whether to give the hammer instruction are within the discretion of the trial court.”

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

3. “conceded in his motion that he had not been able to locate the [absent witnesses] for several months before his trial”

   1 later decision quote this exact passage
   e.g. Remon Lee v. Mike Kemna, Superintendent Jeremiah (Jay) Nixon, Attorney General, State of Missouri