Underwood v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Although the record is silent, and Rule 24.4 requires that the express consent be on the record, we consider the parties' implied consent, that is, their failure to object to the untimeliness of the hearing, as evidence of their express consent to carry the motion for a new trial past the sixtieth day. Although this implied consent is not sufficient according to Rule 24.4, this Court chooses to authorize a more workable procedure for dealing with a hearing on a motion for a new trial conducted after the expiration of the 60-day period in Rule 24.4. Simply remanding this cause for another hearing on the same subject with the same witnesses would be a waste of judicial resources. "Therefore, we remand this cause for the circuit court to determine whether the motion was continued by express agreement of the parties. If the trial court finds that it was, it is to amend the case action summary to reflect that fact."”

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

2. “3 `Express consent' is defined in Black's Law Dictionary 300 (7th ed.1999), as `[c]onsent that is clearly and unmistakably stated' as contrasted with `implied consent' — `[c]onsent inferred from one's conduct rather than from one's direct expression.'”

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