State v. Stephens’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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Rule 29.11(b) 'does not make an exception extending the time to file a motion, even where the newly discovered evidence on which the motion for a new trial is predicated is not discovered until after the filing deadline has passed.'”

   2 later decisions quote this exact passage
   e.g. State v. Parker · State v. Vickers

2. “Contrary to the contention of the State, we fail to see how that language would modify the Court’s intent with respect to the express language immediately preceding it. To interpret the Court’s opinion as argued for by the State, we would have to totally ignore the express language of the opinion that it is permissible to use juror testimony to impeach a jury verdict where the alleged juror misconduct occurred outside the jury room. Any fair reading of the portion of the opinion in question would lead us to conclude that in including the language championed by the State, the Court was simply recognizing an alternative basis for allowing the juror testimony in question in Travis to impeach the jury’s verdict and did not intend to cut down the exception it had just recognized in the same paragraph.”

   1 later decision quote this exact passage
   e.g. Williams v. Daus

3. “The general rule in Missouri is that a juror’s testimony about jury misconduct allegedly affecting deliberations may not be used to impeach the jury’s verdict. However, it is permissible to elicit testimony about juror misconduct that occurred outside the jury room, such as the alleged gathering of extrinsic evidence at issue here. Even where the purpose of testimony regarding the misconduct (whether it occurred inside or outside the jury room) is to impeach the verdict, the party complaining of the testimony must make a timely and proper objection or else the issue is waived.”

   1 later decision quote this exact passage
   e.g. Williams v. Daus