State v. Fields’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “INSTRUCTION NO. A If you find and believe from the evidence beyond a reasonable doubt: First, that on or about November, 1995, in the County of Bates, State of Missouri, the defendant touched the genitals or breast of [Victim], and Second, that he did so for the purpose of gratifying his own sexual desire and Third, that at the time [Victim] was then thirteen years old, then you will find the defendant guilty of child molestation in the second degree. However, unless you find and believe from the evidence beyond a reasonable doubt each and all of these propositions, you must find the defendant not guilty of that offense. If you do find the defendant guilty of child molestation in the second degree, you will assess and declare one of the following punishments: 1. Imprisonment in the county jail for a term fixed by you, but not to exceed one year. 2. Imprisonment in the county jail for a term fixed by you, but not to exceed one year and in addition a fine, the amount to be determined by the Court. 8. No imprisonment but a fine, the amount to be determined by the Court. The maximum fine which the Court may impose is $1000.00. (MAI-CR 3d 320.19).”

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

2. ““The greater offense must include all the elements of the lesser offense, but if the lesser offense includes a necessary element not included in the greater offense, the lesser offense cannot be a lesser included offense, (citation omitted).” State v. Fields, 739 S.W.2d 700, 703 (Mo. banc 1987).”

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

3. “As used in this instruction, the term “deviate sexual intercourse” means any act involving the genitals of one person and the mouth, tongue, hand, or anus of another person done for the purpose of arousing or gratifying the sexual desire of any person.”

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