State v. Schuster’s Empirical Analysis

Citation profile

2 federal appellate · 16 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. “In order to find error harmless, it is necessary for the appellate court to find that the admission of the erroneous evidence did not prejudice the defendant’s case. “Prejudicial error, when constitutional questions are being considered, is error which would have some likelihood of changing the result.” State v. Blue Thunder, 466 N.W.2d 613, 618-19 (S.D.1991) (citing Chapman v. California, 386 U.S. 18, 24 , 87 S.Ct. 824, 828 , 17 L.Ed.2d 705 (1967)). A constitutional violation may constitute harmless error, and thus not require reversal, if the court can declare beyond a reasonable doubt that the error was harmless and did not contribute to the verdict obtained. State v. Michalek, 407 N.W.2d 815, 819 (S.D.1987) (emphasis added).”

   2 later decisions quote this exact passage
   e.g. State v. Buchholz · State v. Larson

2. “Rape is an act of sexual penetration accomplished with any person under any of the following circumstances: (1) If the victim is less than thirteen years of age; or (2) Through the use of force, coercion, or threats of immediate and great bodily harm against the victim or other persons within the victim’s presence, accompanied by apparent power of execution; or (3) If the victim is incapable, because of physical or mental incapacity, of giving consent to such act; or (4) If the victim is incapable of giving consent because of any intoxicating, narcotic, or anesthetic agent or hypnosis; or (5) If the victim is thirteen years of age, but less than sixteen years of age, and the perpetrator is at least three years older than the vietim[.]”

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

3. “The elements of the offense of first degree burglary, as charged in Count I of the information, each of which the state must prove beyond a reasonable doubt, are: 1) that the defendant at the time and place alleged in the information, unlawfully entered or unlawfully remained in a structure described as ..., 2) [t]hat said structure was an occupied structure, 3) that the defendant unlawfully entered or unlawfully remained therein with the intent to commit the crime of rape, 4) that the defendant committed the offense in the nighttime.”

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