Buck v. State’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. “Assuming Buck knew about the prior convictions, he could not have raised the nondisclosure on direct appeal. Once the trial concluded, Buck lacked any means to prove [the] prior convictions. Appellate courts consider only the record made in the trial courts. Our jurisdiction is appellate and we cannot receive nor consider new evidence. Documents that were never presented to nor considered by the trial court cannot be included in the record on appeal. Buck’s Rule 29.15 motion represents his only opportunity to correct the prosecution’s nondisclosure.”

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

2. “The State argues that Buck's claim is one of trial error, and is therefore not cognizable in a Rule 29.15 motion except where fundamental fairness requires, and then only in rare and exceptional circumstances. State v. Carter, 955 S.W.2d 548, 555 (Mo. banc 1997). For the reasons stated above, fundamental fairness requires a review of the prosecution's nondisclosure of Braddy's prior convictions. Buck's inability to raise this nondisclosure at any point prior to the Rule 29.15 motion is a rare and exceptional circumstance necessary for Rule 29.15 review of trial error. Id. Therefore, we hold that this matter is cognizable in a Rule 29.15 motion.”

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

3. “Buck, however, cannot be faulted for failing to raise the nondisclosure of evidence that he did not know about.”

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