State v. Smith’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Section 565.002(6) RSMo.1994 defines “serious physical injury” as a “physical injury that creates a substantial risk of death or that causes serious disfigurement or protracted loss or impairment of the function of any part of the body.” A protracted loss or impairment of the function of any part of the body entails an injury short of permanent but more than a short duration. State v. Brokus, 858 S.W.2d 298, 301 (Mo.App.1993). Further, an impairment of the function of any part of the body means damage, injury or deterioration and is distinguishable from “loss” of function. Id.”

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

2. “[defendant never threatened Victim with physical injury. Victim testified that Defendant was not armed and did not even touch her when he removed her wallet from her purse. Although Defendant did pull Victim’s glasses off her face, such physical contact is less significant than the defendant’s actions in Smith and there is no evidence that his actions caused any type of serious disfigurement or protracted impairment, of any part of her body. Furthermore, Victim exited the car without a struggle.”

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

3. “A person commits the crime of felonious restraint if he knowingly restrains another unlawfully and without consent so as to interfere substantially with his liberty and exposes him to a substantial risk of serious physical injury.”

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