Mann v. McSwain’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “assault of a law enforcement officer in the first degree constitutes a type of 'assault in the first degree,' and therefore [fell] within the statutory definition of 'dangerous felony' " in the 1999 version of the statute. Id. at 290 . Thus, under the holding in Mann , Hill's claim is without merit. Recognizing the negative implications of Mann on his claim, Hill argues that we should either reconsider Mann or find it distinguishable. We decline both invitations. Hill first argues that Mann was incorrectly decided insofar as it unnecessarily employed statutory interpretation where the plain language was clear. But the only application of statutory interpretation in Mann was in the argument made by the defendant, when he argued that the 2003 amendment adding first-degree assault of a law enforcement officer implied that the offense was not previously included in the definition of "dangerous felony.”

   1 later decision quote this exact passage
   e.g. Hill v. Mo. Dep't of Corr.

2. “This court's analysis was merely responsive to that argument. This court rejected the defendant's argument, holding that (1) because first-degree assault was a lesser-included offense of first-degree assault of a law enforcement officer, a conviction for first-degree assault of a law enforcement officer necessarily included a determination of guilt of first-degree assault; (2) the legislative history of § 556.061 's definition of”

   1 later decision quote this exact passage
   e.g. Hill v. Mo. Dep't of Corr.

3. “[A]ny offender who has pleaded guilty to or has been found guilty of a dangerous felony as defined in section 556.061, RSMo., and is committed to the department of corrections shall be required to serve a minimum prison term of eighty-five percent of the sentence imposed by the court or until the offender attains seventy years of age, and has served at least forty percent of the sentence imposed, whichever occurs first.”

   1 later decision quote this exact passage
   e.g. Hill v. Mo. Dep't of Corr.