State v. Kollenborn’s Empirical Analysis

Citation profile

3 federal appellate · 40 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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is, in our opinion, contrary to all principles of morality and justice to close the mouth of the only witness in such a case as the present. What is not good sense should not be the law.”

   3 later decisions quote this exact passage
   e.g. State v. Shafer · 339 So. 2d 1366 - Merritt v. State

2. “"No person shall be incompetent to testify as a witness in any criminal cause or prosecution by reason of being the person on trial or examination, or by reason of being the husband or wife of the accused, but any such facts may be shown for the purpose of affecting the credibility of such witness; provided, that no person on trial or examination, nor wife or husband of such person, shall be required to testify, but any such person may, at the option of the defendant, testify in his behalf, or on behalf of a codefendant, ... ." 304 S.W.2d at 861 .”

   2 later decisions quote this exact passage
   e.g. State v. Heistand · 339 So. 2d 1366 - Merritt v. State

3. “But we also see that centuries ago, and almost contemporaneously with the rule itself, an exception developed. This exception has been variously defined * * * but its substance was that a wife or husband would be, and was, permitted to testify against the other spouse where the latter had committed or attempted an assault or other act of violence upon the proffered witness * * *. This doctrine was declared in Missouri prior to the enactment of any statutes on the general subject.”

   2 later decisions quote this exact passage
   e.g. State v. Shafer · State v. Heistand