State v. Brooks’s Empirical Analysis

Citation profile

27 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The corpus delicti can seldom be proved by direct and positive evidence. In proving the corpus delicti the reasonable rule has always been that only the best proof that is presently attainable need be shown. State v. Simler, 350 Mo. 646 , 167 S.W.2d 376, 383 (Mo.1943); State v. Henderson, 186 Mo. 473 , 85 S.W. 576, 578-579 (1905); State v. Poor, 286 Mo. 644 , 228 S.W. 810 , 815 (1921). The corpus delicti may be shown by circumstantial evidence. See cases collected in 30 Am.Jur.2d, Evidence § 1141, pp. 316-317 (1967); State v. Smith, 329 Mo. 272 , 44 S.W.2d 45, 48 (Mo.1931) and cases cited therein—corpus delicti may be proved by circumstantial evidence. In Missouri, the corpus delicti has never been construed to require more than proof, direct or circumstantial, that a specific injury occurred and criminal agency of another. See State v. Joy, 315 Mo. 7 , 285 S.W. 489, 494 (1926) (Blair, concurring); State v. Hawkins, 165 S.W.2d 644 , 646 (Mo.1942).””

   1 later decision quote this exact passage · from the majority
   e.g. State v. Stephens

2. “[A]ssuming that the testimony of [the witness] in the 1972 and 1974 trials was contradictory and inconsistent with his grand jury testimony, the failure to provide favorable evidence would not, as appellant contends, entitle him to a complete discharge. In none of the decisions [citing, inter alia, Brady and Giglio ] which has [sic] dealt with the suppression issue was the defendant entitled to an outright discharge. In the event of failure to disclose favorable evidence a defendant at most is entitled to a new trial. But appellant had a new trial in 1974 and at that time he had the grand jury testimony. [The witness] was cross-examined concerning it. That trial ended in a mistrial at the conclusion of the State's case. Appellant was then tried again in 1975. Hence he was furnished with such testimony and the principles of Brady and its progeny were not violated. We conclude that the appellant is not entitled to be discharged.”

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

3. “[W]e cannot conclude that the trial court was misled or erred in not granting appellant’s motion for a mistrial at the conclusion of all the evidence and after the State had entered its nolle prosequi as to the assault charge. It is well established that the prosecutor has the sole and exclusive discretion concerning whether or not to enter a nolle prosequi. State v. Smith, 363 Mo. 1235 , 258 S.W.2d 590, 593 (banc 1953). The prosecutor even has the discretion to dismiss at the close of the evidence. State v. Turner, 458 S.W.2d 280, 281 (Mo.1970).”

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