State v. Kohser’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the purpose of the request for a second-degree murder submission under the statutes .cited is not to give Defendant notice of the crime charged. If a request for a second-degree submission was designed to give an accused notice of the second-degree submission, the request would have to be made before any evidence was adduced. This follows because the purpose of notice is to allow a defendant time to prepare an adequate defense. The plain language of § 565.021.3 provides that a judge shall consider the Subdivisions of subsection 1 which are supported by the evidence. This italicized language from § 565.021,3 merely suggests the obvious, namely, neither the state nor an accused could make an informed request for. a second-degree murder submission until all evidence had been adduced. Similarly, a trial court could never make an informed decision to submit second degree on its own motion until all evidence had been present ed. On the other hand, notice of the possibility of such a submission could only be meaningful for an accused if the notice came before , trial so the accused could prepare.”

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

2. “After examining the record, the trial court here implicitly found there was a basis to acquit Defendant of first-degree murder, and convict him of second-degree murder. ... The fact that the court did not affirmatively announce to Defendant that it intended to consider murder in the second degree, either conventional or felony, is of no consequence.”

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