State v. LaRette’s Empirical Analysis

Citation profile

4 federal appellate · 61 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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Evidence that another person had an opportunity or motive for committing the crime for which the defendant is being tried is not admissible without proof that such other person committed some act directly connecting him with the crime. The test generally for the admission of such evidence is stated in 22A C.J.S. Criminal Law § 622b, at page 451, as follows: “The evidence, to be admissible, must be such proof as directly connects the other person with the corpus delicti, and tends clearly to point out someone besides accused as the guilty person. Disconnected and remote acts, outside the crime itself cannot be separately proved for such purpose; and evidence which can have no other effect than to cast a bare suspicion on another, or to raise a conjectural inference as to the commission of the crime by another, is not admissible.””

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

2. “(1) Whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor; and (2) Whether the evidence supports the jury’s or judge’s finding of a statutory aggravating circumstance as enumerated in section 565.012; and (3) Whether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant.”

   2 later decisions quote this exact passage
   e.g. State v. Chambers · Anthony J. Larette v. Paul Delo

3. “When a criminal defendant alleges that his inculpatory statements, made while he was held in custody, are not admissible because involuntarily made, the state must bear the burden of proving the vol-untariness of the confessions. Miranda v. Arizona, 384 U.S. 436, 479 , 86 S.Ct. 1602 , 1630 16 L.Ed.2d 694 (1966). A confession is admissible if the state proves by a preponderance of the evidence that it was voluntary. Lego v. Twomey, 404 U.S. 477, 482-87 , 92 S.Ct. 619, 623-25 , 30 L.Ed.2d 618 (1972); State v. Olds, 569 S.W.2d 745, 751-52 (Mo. banc 1978). The state must show that ‘defendant was effectively advised of his rights and he then intelligently and understandingly declined to exercise them.’ State v. Alewine, 474 S.W.2d 848, 851 (Mo.1971). The determination of the voluntariness of a statement is made in the first instance by the trial court. The trial court must determine the credibility of witnesses, and where evidence is in conflict, make factual findings. On appeal, the question is ‘whether the evidence was sufficient to sustain the trial court's finding that the statement was voluntarily given.’ Alewine, 474 S.W.2d at 852 .”

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