State v. Chaney’s Empirical Analysis

Citation profile

25 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Forcible compulsion Means either (a) Physical force that overcomes reasonable resistance, or (b) A threat, expressed or implied, that places a person in reasonable fear of death, serious physical injury or kidnapping of himself or another person.””

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

2. “In the present case, the phrase “serious physical injury” does not appear in the verdict director itself, but as noted, it is contained in the definition of “forcible compulsion.” Literal interpretation of the Notes on Use and strict logic require that the phrase “serious physical injury” also be defined, and, therefore, the failure to define this phrase is error. State v. Rodgers, 641 S.W.2d 83, 85 (Mo.1982); State v. Ogle, 627 S.W.2d 73, 74 (Mo.App.1981). The prejudicial effect of this error, however, is judicially determined. State v. Rodgers, supra at 85; Rule 28.02(e). Two cases recently before this court contain fact patterns in which a defendant allegedly used a knife while committing the crimes of rape and sodomy. State v. Allbritton, 660 S.W.2d 322 (E.D.Mo.1983); State v. Van Doren, 657 S.W.2d 708 (E.D.Mo.1983). In each of these cases, as in our own, the trial court defined “forcible compulsion” but failed to define “serious physical injury.” In those cases, as here, the issue was considered under the doctrine of plain error. In each case, the Court found no plain error. In Allbritton and Van Doren the Court noted the phrase “serious physical injury” is defined as “... physical injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.” MAI-CR2d 33.01. In those cases, the Court found no manifest injustice resulted from the failure to give this definitio”

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