State v. Ross’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1. A person commits the crime of assault in the first degree if he attempts to kill or knowingly causes or attempts to cause serious physical injury to another person. 2. Assault in the first degree is a class B felony unless in the course thereof the actor inflicts serious physical injury on the victim in which case it is a class A felony.”

   3 later decisions quote this exact passage · from the majority
   e.g. State v. Oliver · State v. Norwood

2. ““The leg and foot serve an ambulatory function and being unable to walk without the aid of crutches, most assuredly demonstrates an impairment of that function. Seven days without the use of a leg or foot is sufficient to constitute protracted impairment.””

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Hall · State v. Cammon

3. ““Physical injury” is defined as “physical pain, illness, or any impairment of physical condition.” § 556.061(20)[ 2 ]; [State v. Baker,] 859 S.W.2d [805] at 812 [(Mo.App.1993)]. “Protracted” means something short of permanent but more than of short duration. State v. Trimmer, 849 S.W.2d 725, 728 (Mo.App.1993). Furthermore, “impairment” is defined as “ ‘damage, injury or deterioration.’ ” Baker, 859 S.W.2d at 812 (quoting WEBSTER’S NEW TWENTIETH CENTURY DICTIONARY (2D ED.1983)). There is no minimum degree of trauma that must be inflicted to satisfy the portion of the statutory definition dealing with protracted loss or impairment. In Interest of N.A.G., 903 S.W.2d 664, 667 (Mo.App.1995). Rather, the protracted impairment” portion of the definition of “serious physical injury” is concerned with the temporal aspect of the injury. State v. Briggs, 740 S.W.2d 399, 401 (Mo.App.1987). The fact that a person recovers from an injury without residual damage does not eliminate the possibility that the person suffered “serious physical injury.” Trimmer, 849 S.W.2d at 727 . Whether an injury constitutes protracted impairment depends on the circumstances of each case. N.A.G., 903 S.W.2d at 668 ; Trimmer, 849 S.W.2d at 728 .”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Oliver