State v. Comte’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““An offer of proof is required to preserve- a matter for appellate review. State v. Dodd, 10 S.W.3d 546, 556 (Mo.App. W.D.1999). ‘When an objection to proffered evidence is sustained, the party offering the evidence must demonstrate its relevancy and materiality by way of an offer of proof in order to preserve the matter for appellate review.’ State v. Cardona-Rivera, 975 S.W.2d 200, 204 (Mo.App. S.D.1998). Offers of proof ‘insure that the trial court and opposing counsel understand what evidence is being offered and its relevance to the case.’ State v. Townsend, 737 S.W.2d 191, 192 (Mo. banc 1987). 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.’ Dodd, 10 S.W.3d at 556 . [Footnote omitted.]””

   2 later decisions quote this exact passage
   e.g. State Ex Rel. Sanders v. Crane · State v. Bisher

2. “The trial court enjoys broad discretion in determining the relevancy of evidence. The relevancy of evidence depends upon whether the evidence tends to confirm or refute a fact in issue or to corroborate evidence that is relevant and pertains to the primary issue of the case. It is not error to refuse irrelevant or immaterial evidence. Evidence is irrelevant or immaterial if it tends to draw the jury’s attention away from the issues it must decide. While we generally will not interfere with the court’s ruling on the admission or exclusion of evidence, we will do so when there exists a clear showing of abuse of that discretion.”

   1 later decision quote this exact passage
   e.g. State of Missouri v. Douglas E. Oerly

3. “To show plain error, an appellant must demonstrate that the trial court’s error so substantially violated his rights that manifest injustice or miscarriage of justice would result if the error were left uncorrected. If the error did not have a decisive effect on the jury’s verdict, there has been no plain error. Before conducting plain error review, a reviewing court must first determine whether the trial court’s actions would amount to manifest injustice, assuming the court’s action was erroneous. If not, then plain error review is inappropriate.”

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