State v. Ruff’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) There is evidence upon which DNA testing can be conducted; and (2) The evidence was secured in relation to the crime; and (3) The evidence was not previously tested by the movant because: (a) The technology for the testing was not reasonably available to the movant at the time of the trial; (b) Neither the movant nor his or her trial counsel was aware of the existence of the evidence at the time of trial; or (c) The evidence was otherwise unavailable to both the movant and movant's trial counsel at the time of trial; and (4) Identity was an issue in the trial; and (5) A reasonable probability exists that the movant would not have been convicted if exculpatory results had been obtained through the requested DNA testing.”

   3 later decisions quote this exact passage
   e.g. Mercer v. State · State v. Belcher

2. “‘Denial of a post-conviction motion for . DNA testing is reviewed to determine whether the motion court’s findings' of fact and conclusions of law were clearly erroneous. The motion court’s findings and conclusions are clearly erroneous only if, after review of the record, the appellate court is left with the definite and firm impression that a mistake has been made. Where, as here, the motion is overruled without a hearing, this Court reviews the lower court’s determination for clear error.’”

   2 later decisions quote this exact passage
   e.g. Eddie Greer v. State of Missouri · Belcher v. State

3. “[T]he DNA testing statute does not require “mistaken identity.” The statute requires that “identity be at issue” in the trial, a broader concept than “mistaken identity.” In the context of the statute, “mistaken identity” occurs when the defendant alleges that the crime in question was committed by another person. The phrase “identity at issue” encompasses “mistaken identity,” but it also includes all cases in which the defendant claims that he did not commit the acts alleged—as opposed to cases where the defendant admits his actions but puts forth an affirmative defense.”

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