State v. Welty’s Empirical Analysis

Citation profile

18 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘It is universally conceded that an agreement need not be express, although whether the idea of an implied agreement connotes only an unspoken, actual consensus or has broader fictional components is by no means clear.’ Model Penal Code § 5.03 Comment 2(c)(iv) (footnote omitted). In the Institute’s view, neither combination as distinguished from agreement nor the analogy of partnership should be included in the formal definition. If a consensus is demanded, it is clearly indicated by demanding an “agreement,” which need not, of course, be formal or, indeed, explicit in the sense that it is put in words. Id. Also see United States v. Mohr, 728 F.2d 1132 (8th Cir.1984), cert. denied, 469 U.S. 843 , 105 S.Ct. 148 , 83 L.Ed.2d 87 (1984). [[Image here]] ‘The agreement can be established by circumstantial evidence and need show “no more than a tacit understanding among the participants.” United States v. American Grain & Related Industries, 763 F.2d 312, 315 (8th Cir.1985).’ United States v. Raymond, 793 F.2d 928, 932 (8th Cir.1986).” State v. Welty, 729 S.W.2d 594, 597-598 (Mo.App.1987).”

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

2. ““[wjhere certified copies of the records concerning prior convictions, when reasonably construed, show that a defendant was advised of his right to counsel and waived that right, then the record offered is both admissible and sufficient to invoke the application of the prior offender status. The failure of such a record to recite that the accused voluntarily waived counsel, either expressly or in writing, does not render such record void or insufficient for enhancement purposes.””

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

3. “A person is guilty of conspiracy with another person or persons to commit an offense if, with the purpose of promoting or facilitating its commission he agrees with such other person or persons that they or one or more of them will engage in conduct which constitutes such offense.”

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