State v. McClain’s Empirical Analysis

Citation profile

2 federal appellate · 15 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Suppression of material evidence justifies a new trial irrespective of the good faith or bad faith of the prosecution. Napue v. Illinois, 360 U.S. 264 , 79 S.Ct. 1173 , 3 L.Ed.2d 1217 (1959); Brady v. Maryland, 373 U.S. 83, 84 , 83 S.Ct. 1194 [1195], 10 L.Ed.2d 215 (1963); State v. McClain, 498 S.W.2d 798 (Mo. banc 1973). ‘When the “reliability of a given witness may well be determinative of guilt or innocence,” nondisclosure of evidence affecting credibility falls within this general rule.’ State v. McClain supra at 800 quoting from Giglio v. United States, 405 U.S. 150 , 92 S.Ct. 763 , 31 L.Ed.2d 104 (1972). State v. Brooks, supra, at 174 .”

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

2. “Larry Smith is the only witness who testified that he saw appellant assault Jeannetta Mitchell. Smith’s “credibility as a witness was therefore an important issue in the case, and evidence of any understanding or agreement as to a future prosecution would be relevant to his credibility and the jury was entitled to know of it.” Giglio v. United States, supra, 405 U.S. 150, 154, 155 , 92 S.Ct. 763, 766 , 31 L.Ed.2d 104 . The failure of the prosecutor to disclose that the charge against Smith had been dismissed requires a new trial under the due process criteria of Napue and Giglio .”

   1 later decision quote this exact passage
   e.g. 552 F. Supp. 748 - Sims v. Wyrick