State v. Dizer’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Rule 23.05 provides that the State may charge, in the same indictment or information, all offenses “of the same or similar character.” We review the trial court’s refusal to sever offenses in two steps. State v. Davis, 860 S.W.2d 369, 372 (Mo.App. E.D.1993). First, we determine, based on the State’s evidence only, whether the offenses were properly joined as a matter of law. Id.; State v. Morrow, 968 S.W.2d 100, 109 (Mo. banc 1998). If not, then prejudice is presumed and we must reverse and order new separate trials of the offenses. Morrow, 968 S.W.2d at 109 . If joinder was proper, however, then we consider whether the trial court abused its discretion in refusing to sever. Davis, 860 S.W.2d at 372 . [Footnote omitted.]”

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

2. “Liberal joinder is favored to achieve judicial economy. [ Davis, supra.] Join-der is proper if the manner in which the crimes were committed is so similar that it is likely the same person committed all charged offenses. Id. Similar tactics are sufficient to constitute acts “of the same or similar character,” but identical tactics are not required. State v. Tobias, 873 S.W.2d 650, 653 (Mo.App. E.D.1994). Rather, joinder is permissible if the tactics “resemble or correspond in nature.” State v. Vinson, 834 S.W.2d 824, 827 (Mo.App. E.D.1992)....”

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