State v. Becker’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We realize that in certain cases the Supreme Court has stated that the party relying on a constitutional question should cite the constitutional provision relied on by article and section number. City of St. Louis v. Butler Co., supra; Robinson v. Nick, 345 Mo. 305 , 134 S.W.2d 112 . In other cases, however, a more general specification has been held sufficient. Dye v. School Dist. No. 32 of Pulaski County, 355 Mo. 231 , 195 S.W.2d 874 ; Wooster v. Trimont Mfg. Co., 356 Mo. 682 , 203 S.W.2d 411 ; City of St. Louis v. Friedman, 358 Mo. 681 , 216 S.W.2d 475 . There is only one “due process” clause in each constitution. It is a constitutional provision of universal recognition. All lawyers and judges know what is meant by the term “due process clause,” and know where to find it. To refer to the clause by that name is as precise and specific an identification as the giving of the number of the amendment and paragraph or article and section. No uncertainty or indefiniteness is involved. The additional information would be superfluous — wholly unnecessary to a full understanding on the part of the court as to the exact constitutional provision invoked. We cannot brush aside constitutional questions of serious import, fairly and timely raised and properly kept alive, and assume jurisdiction on the pretext that appellant has not raised the point properly, when in the motion to quash and at every conceivable stage thereafter he contended that the statute under which he was being prose”

   1 later decision quote this exact passage
   e.g. Ross v. Robb