State v. Gardner’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Sodomy. — 1. A person commits the crime of sodomy if he has deviate sexual intercourse with another person without that person’s consent by the use of forcible compulsion. 2. Forcible sodomy or an attempt to commit forcible sodomy as described in subsection 1 of this section or sodomy as described in subsection 3 of this section is a felony for which the authorized term of imprisonment, including both prison and conditional terms, is life imprisonment or a term of years not less than five years, unless in the course thereof the actor inflicts serious physical injury on any person, displays a deadly weapon or dangerous instrument in a threatening manner or subjects the victim to deviate sexual intercourse or sexual intercourse with more than one person, in which cases forcible sodomy or an attempt to commit forcible sodomy is a class A felony. 3. A person commits the crime of sodomy if he has deviate sexual intercourse with another person to whom he is not married who is less than fourteen years old. (Emphasis added)”

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

2. ““The corroboration rule does not apply merely because the testimony of the victim ‘falls into inconsistencies or contradictions as to minor points of a nonessential nature.’” (Citing authorities.) [[Image here]] “[T]he corroboration rule has been criticized. See State v. Nelson, 818 S.W.2d 285, 288 (Mo.App.1991); State v. Ellis, 710 S.W.2d 378, 380 (Mo.App.1986); State v. Platt, 496 S.W.2d 878, 880-81 (Mo.App.1973).””

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