State v. Ducker’s Empirical Analysis

Citation profile

3 federal appellate · 25 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[a]ny person who knowingly, other than by accidental means, treats a child under eighteen (18) years of age in such a manner as to inflict injury or neglects such a child so as to adversely affect the child's health and welfare”

   3 later decisions quote this exact passage · from the majority
   e.g. United States v. Shawn Oliver Bass · State v. Hanson

2. “[o]nce the knowing mens rea [for the neglect element] is established, the next inquiry under the plain language of the statute is simply whether the child sustained an injury or, in the case of child neglect, whether the child suffered an adverse effect to the child’s health [and] welfare. The legislature has employed the phrases “so as to injure” and “so as to adversely affect” when defining the injury aspect of the child abuse statute. These phrases clearly indicate that if an injury results from knowing abuse or neglect, the actor has committed child abuse.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Hanson · State v. Mateyko

3. “a child under eighteen years of age; and (2) the child sustains an injury. Child neglect requires that: (1) a person knowingly neglect a child under eighteen years of age; and (2) the child's health and welfare are adversely affected. 23 State v. Ducker, 27 S.W.3d 889, 896 (Tenn. 2000). 24 A violation of the above statute would constitute a crime of violence if it”

   2 later decisions quote this exact passage · from the majority
   e.g. United States v. Shawn Oliver Bass · United States v. Bass