In re J.D.B.’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]o the extent [Appellant] relies on characterizing SVP proceedings as 'criminal' or 'punitive' to claim his due process was violated, his argument is thwarted by precedent. Missouri courts have maintained that the SVPA is not a 'punitive' or a 'criminal' statutory scheme. See Nelson , 521 S.W.3d at 232 ('Nelson's constitutional claims proceed principally from his assertion that the purpose and effect of the SVPA is punitive ... this and similar assertions (as well as the constitutional claims flowing from them) have been thoroughly reviewed and rejected by this Court in the past.'); see also Kirk , 520 S.W.3d at 450 ('One common theme in Kirk's arguments is that SVPA is a criminal statute because its purpose is to punish offenders for past conduct ... [t]his is incorrect.'); see also [ In re ] Van Orden , 271 S.W.3d [579,] 585 [ (Mo. banc. 2008) ]. Regarding the federal forum, [Appellant] primarily relies on Van Orden v. Schafer , 129 F.Supp.3d 839 (E.D. Mo. 2015). During the pendency of [Appellant]'s appeal, the United States District Court, E.D. Missouri, vacated the part of the Schafer opinion that supported [Appellant]'s position. Van Orden v. Stringer , 4:09CV00971 AGF, 262 F.Supp.3d 887 , [894], 2017 WL 2880348 , at (E.D. Mo. July 6, 2017). Upon reconsideration, in light of the Eighth Circuit's decision in Karsjens v. Piper , 845 F.3d 394 (8th Cir. 2017), the Stringer court vacated its 'Amended Memorandum Opinion' from Schafer in part, finding the Karsjen 's decision ”

   1 later decision quote this exact passage
   e.g. Care & Treatment of Martin Reddig v. State

2. “(1) has committed a sexually violent offense; (2) suffers from a mental abnormality; and (3) this mental abnormality 'makes the person more likely than not to engage in predatory acts of violence if not confined in a secure facility.'”

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

3. “there is no constitutional right to a bench trial for a criminal defendant; the Sixth Amendment, as applied to the states through the Fourteenth Amendment, only grants a criminal defendant the right to be tried by an impartial jury.”

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