State v. Schwer’s Empirical Analysis

Citation profile

19 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. “In State v. Schwer, this court stated A clear line cannot be drawn for all cases as to when a challenge for cause should be sustained; each case must be judged on its particular facts. State v. Smith, 649 S.W.2d 417, 422 [2-7] (Mo. banc 1983). There will be instances in which an appellate court might have done differently but cannot say there was an abuse of discretion. Id. Appellate review of the trial court’s action is undertaken with the recognition that a determination by the trial judge of the qualifications of a prospective juror necessarily involves a judgment based on observation of his demeanor and, considering that observation, an evaluation and interpretation of the answers as they relate to whether the venireman would be fair and impartial if chosen as a juror. Id. Because the trial court is in a better position to make that determination than the appellate court, doubt as to the trial court’s findings will be resolved in its favor. State v. Engleman, 634 S.W.2d [466] at 472[5-6] [1982]. Although errors in the exclusion of potential jurors should always be on the side of caution, reversal is required only if the defendant has been prejudiced. State v. Draper, 675 S.W.2d [863] at 865[5] [1984]. Schwer, 757 S.W.2d at 262 .”

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

2. “[W]e have long recognized that arguments on the deterrence of crime and the necessity of law enforcement need not have support in evidence. Prosecutors are permitted to argue such propositions as the prevalence of crime in the community, the personal safety of its inhabitants, and the jury’s duty to uphold the law as well as inferences from its failure to convict; and, such pleas may call upon common experience.”

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

3. “[C]onvict this man. It may not be a big blow, but it’s going to be a blow to them; it’s going to send a message, maybe not a big message or a loud message, but it’s going to send a message to the drug dealers here that the people — the citizens of St. Charles County are simply not going to tolerate the sale of drugs.”

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