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← 785 SW2D 538 - State v. Gilley

State v. Gilley’s Empirical Analysis

1990

Citation profile

2
cited by 2 later decisions
1
states following
August 1998
most recently cited

2 state decisions

Relationships

Relies on State Ex Inf. Atty. Gen. v. Hedrick · Marshall v. Kansas City · Bopp v. Spainhower · State ex rel. Judah v. Fort · State Ex Rel. Public Defender Commission v. County Court of Greene County

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

  1. “Cole County, change of venue, procedure.-!. Notwithstanding Missouri supreme court rule 32.03, a defendant with a case filed in a county with department of corrections and human resources facilities with a total average yearly inmate population in excess of two thousand persons shall follow the procedure listed in subsections 2 through 5 of this section in order to obtain a change of venue for misdemeanors or felonies. 2. Upon written application of the defendant, a change of venue may be ordered in any criminal proceeding for the following reasons: (1) That the inhabitants of the county are prejudiced against the defendant; or (2) That the state has an undue influence over the inhabitants of the county. 3. In felony cases, the application must be filed not later than thirty days after arraignment. In misdemeanor cases, the application must be filed not later than ten days before the date set for trial. 4. A copy of the application and a notice of the time when it will be presented to the court shall be served on all parties. 5. The application shall set forth the reason or reasons for change of venue. It need not be verified and shall be signed by the defendant or his attorney. 6. The state may, within five days after the filing of the application for a change of venue, file a denial of the existence of the reason or reasons alleged in the application. Such denial need not be verified. If a denial is filed, the court shall hear evidence and determine the issues. If the issue”
    1 later decision quote this exact passage
  2. “To permit a change of venue for all who request it in Cole County would result in costly waste of time, as well as possibly insufficient facilities and law enforcement officers to protect inmates and witnesses during trial in other counties. Further, many trials include prison inmates and officials as witnesses, resulting in additional costs to the state as a result of employees being sent with inmates for security purposes and employees being called to testify as witnesses.”
    1 later decision 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.