State v. Gilbert’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) the State should [have] "elect[ed] the particular criminal act on which it will rely to support the charge" or (2) the verdict director should [have] "specifically describ[ed] the separate criminal acts presented to the jury" and the jury should [have] be[en] "instructed that it must agree unanimously that at least one of those acts occurred."”

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

2. “(1) the State should elect the particular criminal act on which it will rely to support the charge, or (2) the verdict director should specifically describe the separate criminal acts presented to the jury and the jury should be instructed that it must agree unanimously that at least one of those acts occurred.”

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

3. “As to Count 1 regarding the defendant [ ], if you find and believe from the evidence beyond a reasonable doubt: First, that between the dates of January 01, 2005 and March 31, 2006, in the County of Saline, State of Missouri, the defendant or [her boyfriend] placed her or his hand on [C.J.'s] genitals[.]”

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