State v. Matthews’s Empirical Analysis

Citation profile

4 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We note that MAI-CR3d 308.02 instructs to insert the element or elements to be covered in the converse instruction “using the language from the verdict director,” and refers the reader to the Notes on Use for examples. Notes on Use 4(B) states that when conversing one paragraph of the verdict director, the material that follows the introductory phrase of the converse, “must be taken from the verdict director.” In the instant case, Defendant sought to converse all of the material in paragraph First of [the verdict director], but the language contained in [the proposed converse] following the introductory phrase did not track that contained in paragraph “First” of the verdict director either in form or content. While there is no contention that the language used by Defendant in constructing [the converse] unfairly characterized the language from [the verdict director], the fact remains that the language in [the converse] was not “taken from [the verdict director]” as directed by Notes on Use 4(B). [The given converse], however, did utilize the same language, in one paragraph, just as it appeared in paragraph First of [the verdict director].”

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

2. ““[I]t may be appropriate for an expert to testify that a child demonstrates age-inappropriate sexual knowledge or awareness, and that a child’s behaviors are consistent with a stressful sexual experience.” The latter type of testimony was characterized as “general testimony describing behaviors and other characteristics commonly observed in sexually abused victims (often called general ‘profile’ testimony),” which the trial court has great discretion in admitting.”

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