Leshe v. State’s Empirical Analysis

Citation profile

21 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We cannot agree with such an argument. The only difference between the two definitions, one of rape and one of carnal abuse, is the requirement that the perpetrator be over 18 to commit carnal abuse. That has nothing to do with the risk to the victim.... [T]he anomaly created by the two statutes came about as a result of the process of amending the carnal abuse law apparently without consideration of the rape statute. We cannot think that the general assembly intended the difference at all, much less that it thought the same act might result in a greater risk of harm to a victim because it was given a different name or might be committed by an older person.”

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

2. “While a trial court has discretion in determining whether a witness is ‘unavailable’ that discretion is not unlimited. Bussard v. State, 300 Ark. 174 , 778 S.W.2d 213 (1989). In this case no effort whatever was made to serve a subpoena on the state’s key witness at her Mississippi address which was readily available. There was no ‘good faith effort’ of which the Supreme Court wrote in Barber [citation omitted], and of which we wrote in Satterfield [citation omitted]. The trial court erred in finding the victim was unavailable in these circumstances.”

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

3. “A confession of a defendant, unless made in open court, will not warrant a conviction, unless accompanied with other proof that the offense was committed.”

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