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← 749 SW2D 366 - State v. Leisure

State v. Leisure’s Empirical Analysis

1988

Citation profile

91
cited by 91 later decisions
2
states following
March 2018
most recently cited

8 federal appellate · 79 state decisions

How this case has been cited

Cited by 91 later decisions — most recently March 2018 · most notably State v. Brown (1995), State v. Ervin (1992)

8 federal appellate · 79 state decisions

5701988199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Applies 18 U.S.C. § 1962 (§ 901 of the Racketeer Influenced and Corrupt Organizations Act)

Relies on Gregg v. Georgia · Witherspoon v. Illinois · Lockett v. Ohio · Irvin v. Dowd · Wainwright v. Witt

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

  1. “In State v. Young, 701 S.W.2d 429 (Mo. banc 1985), appellant offered a substantially similar instruction for use in the punishment phase. This Court determined that Note on Use 5 of MAI-CR2d 15.44 decided the issue and that the trial court did not err in refusing the proffered instruction. Note on Use 5 reads: The jury may consider extenuating or mitigating circumstances even though not set out as “statutory” mitigating circumstances in Section 565.012.3 and even though not “authorized by law” within the meaning of that phrase discussed in 4 above. However, no instruction should be given calling the jury’s attention to any particular circumstance referred to in general in this paragraph. [Emphasis added.] In Young , this Court held that the language in the instruction offered by appellant referred to particular circumstances within the meaning of Note on Use 5, “which the jury could have considered, but upon which the jury should not have been instructed.” 701 S.W.2d at 437 .”
    2 later decisions quote this exact passage
  2. “A determination of the existence and depth of bias and prejudice can be made accurately only after a potential juror understands the legal requirements of her responsibility as a juror. We do not expect venire[persons] to come to court with a legally sufficient or unerringly correct understanding of the requirements the law imposes on jurors.”
    2 later decisions quote this exact passage
  3. “but whether the jurors of ... [Feltrop's] trial had such fixed opinions that they could not judge impartially the guilt of the defendant.”
    2 later decisions quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.