State v. Ellifrits’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Precedents are of little value in determining when relief should be granted under the plain error rule. And that is particularly true where, as here, no constitutional question is involved. * * * The rule to be followed is summarized in State v. Patterson, Mo.Sup., 443 S.W.2d 104 , to the effect that we will review all the facts and circumstances in each case and determine on a case-to-case basis whether manifest injustice has resulted from the alleged error.””

   2 later decisions quote this exact passage
   e.g. McQueen v. State · State v. Howard

2. ““ * * * Since its adoption we have invoked Rule 27.20(c) on a case to case basis to prevent ‘manifest injustice or miscarriage of justice,’ and we shall continue to do so where substantial rights are affected whether or not the error is ‘ * * * raised in the trial court or preserved for review, or defectively raised or preserved * * *.’ But there must be a sound, substantial manifestation (not perceivable here), a strong, clear showing, that injustice or miscarriage of justice will result if the rule is not invoked. We shall not invoke the rule in every case where it is claimed for the first time on appeal that this or similar state or federal constitutional rights have been violated, or for that matter, in every case where it may appear for the first time on appeal that such rights in fact have been violated.””

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