State v. McKinney’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In these circumstances, there is no reason to order retrials if it can be said beyond a reasonable doubt that the convictions in these cases were not affected by the erroneous wording of the statute. An otherwise valid conviction should not be set aside if the reviewing court may confidently say, on the whole record, that the constitutional error was harmless beyond a reasonable doubt.”

   3 later decisions quote this exact passage
   e.g. State v. McKinney · State v. Trader Bobs, Inc.

2. “573.030. Promoting obscenity in the second degree 1. A person commits the crime of promoting pornography for minors or obscenity in the second degree if, knowing its content or character, he: (1) Promotes or possesses with the purpose to promote any obscene material for pecuniary gain; or (2) Produces, presents, directs or participates in any obscene performance for pecuniary gain; or (3) Promotes or possesses with the purpose to promote any material pornographic for minors for pecuniary gain; or (4) Produces, presents, directs or participates in any performance pornographic for minors for pecuniary gain. 2. Promoting pornography for minors or obscenity in the second degree is a class A misdemeanor unless the person has pleaded guilty to or has been found guilty of an offense under this section committed at a different time, in which case it is a class D felony.”

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

3. “(8) “Obscene!’, any material or performance is obscene if: (a) Applying contemporary community standards, its predominant appeal is to prurient interest in sex; and (b) Taken as a whole with the average person, applying contemporary community standards, it depicts or describes sexual conduct in a patently offensive way; and (c) Taken as a whole, it lacks serious literary, artistic, political or scientific value. Obscenity shall be judged with reference to its impact upon ordinary adults;”

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