State v. Pasteur’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Teachers are undeniably charged with the ‘care and custody* of students. When parents send their child to school, they entrust the teacher with that child’s well-being. For nearly a century, courts have recognized this basic principle. In State v. Hesterly, 182 Mo. 16 , 81 S.W. 624, 627 (Mo.1904), the court stated that ‘we can conceive of the creation of no higher trust than that of parents confiding the care of their children to the teacher.’ The court further noted that a teacher’s duty of care and custody extends beyond the confines of the schoolyard. ‘The confidential relation of teacher and pupil exists as well after the child reaches home as it does in the schoolroom.... The evil intended to be prevented is the abuse of the confidential relation, and that exists wherever they may be, and on all occasions, as long as the relation of teacher and pupil is in existence.’ ” 81 S.W. at 627 . In the instant case, the evidence indicated that Defendant was S.S.’s band teacher, and as such, he held a confidential relationship with her. By virtue of Defendant’s position, he was able to exert influence upon her, not only within the confines of the school, but outside of it as well. Section 568.045.1(2) seeks to protect children who are placed in the ‘care and custody’ of any ‘person’ and as such, should be construed to include teachers. The trial court, therefore, did not err in submitting Instruction No. 6 to the jury.” 7”

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

2. ““As to Count I, if you find and believe from the evidence beyond a reasonable doubt: “First, on or about the 19th day of November, and the 27th day of November, 1997, in the County of Dunklin, State of Missouri, the defendant touched the breast of [S.S.], and “Second, that this conduct constituted sexual contact, and "Third, that [S.S.] was less than seventeen years old, and 0 “Fourth, that the defendant acted knowingly in engaging in sexual contact with [S.S.], a child less than seventeen years of age, and "Fifth, that defendant was a school teacher, and charged with the care and custody of the child, “Then you will find the defendant guilty under Count I of endangering the welfare of a child in the first degree. “Flowever, 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.””

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

3. ““band teacher, and as such, he held a confidential relationship with her .... such a relationship put him in a custodial position. Further, the evidence showed that both instances of misconduct occurred while Defendant and [the victim] were engaged in school-related activities, once following a school play and once inside the school after band practice.””

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