State v. Cates’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “INSTRUCTION NO. 6 As to Count I, if you find and believe from the evidence beyond a reasonable doubt: First, that on or about 2 March 2005, in the County of Crawford, State of Missouri, the defendant took money and cigarettes, which was property owned by Delano Convenience Store, and Second, that defendant did so for the purpose of withholding it from the owner permanently, and Third, that defendant in doing so used physical force or threatened the immediate use of physical force on or against Diann Melton for the purpose of preventing resistance to the taking of the property, or forcing Diann Melton to deliver up the property, and Fourth, that in the course of taking the property, the defendant was armed with a deadly weapon, or displayed or threatened the use of what appeared to be a deadly weapon, then you will find the defendant guilty under Count I of robbery in the first degree. However, unless you find and believe from the evidence beyond a reasonable doubt each and all of these propositions, you must find the defendant not guilty of that offense.”

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

2. “Counsel shall make specific objections to instructions or verdict forms considered erroneous. No party may assign as error the giving or failure to give instructions or verdict forms unless the party objects thereto before the jury retires to consider its verdict, stating distinctly the matter objected to and the grounds of the objection.... The objections must also be raised in the motion for new trial in accordance with Rule 29.11.”

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

3. “A defendant 'cannot stand idly by, permitting the giving of an erroneous instruction, and then benefit from his inaction.’”

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