State v. Root’s Empirical Analysis

Citation profile

23 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If you find and believe from the evidence beyond a reasonable doubt: First, that on or about October 25, 1991, in the City of St. Louis, State of Missouri, the defendant obtained or retained possession of one thousand dollars, property in the possession of Lois Lucious, and Second, that defendant did so by representing to Lois Lucious that he would make repairs to her home, and Third, that defendant obtained or retained such property for the purpose of withholding it from the owner permanently, and Fourth, that the property so obtained or retained had a value of at least one hundred fifty dollars, then you will find the defendant guilty of stealing by means of deceit. 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 stealing by means of deceit, you will return a verdict finding him guilty of stealing by means of deceit.”

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

2. “cause manifest injustice or a miscarriage of justice.”

   1 later decision quote this exact passage
   e.g. Roe v. Delo