State v. Blair’s Empirical Analysis

Citation profile

11 federal appellate · 92 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 113 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The first would be one in which the answer would have been so closely related to the commission of the crime that the entire testimony of the witness should be stricken. The second would be a situation in which the subject matter of the testimony was connected solely with one phase of the case in which event a partial striking might suffice. The third would involve collateral matters or cumulative testimony concerning credibility which would not require a direction to strike and which could be handled (in a jury case) by the judge’s charge if questions as to the weight to be ascribed to such testimony arose.”

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

2. “INSTRUCTION NO. 8 If you find and believe from the evidence beyond a reasonable doubt: First, that on December 2,1979, Dennis Skillcorn and Frank Brooks with the aid or attempted aid of defendant committed the offense of burglary of the Wendell Howell home, and Second, that the defendant, either before or during the commission of the offense of burglary with the purpose of promoting its commission, aided such other persons in committing that offense, and Third, that on December 2, 1979 in the County of Jackson, State of Missouri, the defendant or another caused the death of Wendell Howell by shooting him, and Fourth, that the defendant or another intended to take the life of Wendell Howell, and Fifth, that the defendant or another knew that he was practically certain to cause the death of Wendell Howell, and Sixth, that the defendant or another considered taking the life of Wendell Howell and reflected upon this matter coolly and fully before doing so, and Seventh, that such offense was committed by the defendant or such other persons to promote escape or to prevent detection for the offense of burglary, and Eighth, that the defendant committed or knew such other persons were practically certain to commit such additional offense, then you will find the defendant guilty of capital murder, unless you find and believe from the evidence that it is more probably true than not true that the defendant is not entitled to an acquittal by reason of Instruction No. 6. However, if you do”

   1 later decision quote this exact passage · from the dissent
   e.g. State v. Betts

3. “It is seldom that a person intentionally becomes a witness to an event. It most often occurs by the happenstance of just being there. But when a person is a witness, as the victim or otherwise, that person becomes indispensable to the administration of justice. * * * Parties’s rights to summon witnesses in their behalf is constitutionally protected. In short, a witness is the only person who, as an individual, is singularly indispensable to the fair administration of justice. The interference with the appearance of necessary witnesses in court and the killing of a witness to prevent the witness from testifying, as here, is absolutely intolerable. From the public standpoint it cuts the very heart out of a justice system necessary to maintenance of freedom. It is difficult to conceive of a crime more inimical to our society than the killing of a witness to prevent the witness from testifying. Prospective offenders who might consider killing a witness must be deterred. Such a purpose is served by imposing the death penalty.”

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