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← 265 S.W.3d 257 - State v. McLaughlin

State v. McLaughlin’s Empirical Analysis

2008

Citation profile

40
cited by 40 later decisions
5
states following
December 2022
most recently cited

36 state decisions

How this case has been cited

Cited by 40 later decisions — most recently December 2022 · most notably State v. McKelton (Slip Opinion) (2016), McLaughlin v. State (2012)

36 state decisions

290200820102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Almendarez-Torres v. United States · Crawford v. Washington · Ring v. Arizona · Donnelly v. DeChristoforo · Payne v. Tennessee

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

  1. “Acts of domestic violence often are intended to dissuade a victim from resorting to outside help, and include conduct designed to prevent testimony to police officers of cooperation in criminal prosecutions. Where such an abusive relationship culminates in murder, the evidence may support a finding that the crime expressed the intent to isolate the victim and to stop her from reporting abuse to the authorities or cooperating with a criminal prosecution — rendering her prior statements admissible under the forfeiture doctrine. Earlier abuse, or threats of abuse, intended to dissuade the victim from resorting to outside help would be highly relevant to this inquiry, as would evidence of ongoing criminal proceedings at which the victim would have been expected to testify.”
    2 later decisions quote this exact passage · from the concurrence
  2. “[i]t is rape where defendant both kills and sexually assaults a victim in a single, continuous act, or in a series of closely related acts, and where, as a part of the course of conduct, defendant uses forcible compulsion against the victim, even if portions of the rape, including penetration, occur once the victim already has been killed.”
    2 later decisions quote this exact passage · from the concurrence
  3. “The evidence at trial, considered in the light most favorable to the jury’s verdict, shows that Scott McLaughlin and Beverly Guenther began a tempestuous relationship shortly after they met in 2002. For several months, the two lived together, but their cohabitation was marked by break-ups that ■ were sometimes so serious that Ms. Guenther would obtain a restraining order against Mr. McLaughlin, In the spring of 2003, they ended their amorous relationship, but continued to see each other on social occasions. Throughout their relationship, Mr. McLaughlin frequently called and visited Ms. Guenther at her place of employment. On October 27, 2003, Mr. McLaughlin was arrested and charged with burglarizing Ms. Guenther’s home. He claimed that he was reclaiming things that he left at her house after they stopped living together. He was arraigned on the burglary charge on November 18, 2003. Based on this incident, Ms. Guenther sought and received an order of protection against Mr. McLaughlin. On November 20, 2003, while the protective order was still in effect, he drove to Ms. Guenther’s place of employment and waited for her to get off of work. When she emerged from the office, he spoke with her as she walked towards her truck. The state presented expert testimony that the blood spatters and other physical evidence in the parking lot and truck suggested that Mr. McLaughlin- at that point forced Ms. Guenther to the ground and raped her, then stabbed her repeatedly, causing a fan-shape”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.