Bass v. State’s Empirical Analysis

Citation profile

1 federal appellate · 11 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Comment first notes that Section 562.041.2(1) protects the victim of a crime from being found guilty as an accessory, as in the case of an underage girl who consents to sex with a man later convicted of statutory rape. The Comment then explains the exception for “necessarily incident” conduct, stating: Subsection 2(2) extends the same protection to persons who do not fall neatly into the category of victims. For example, if a statute simply makes the giving of a bribe a crime should the recipient be guilty of a violation of that statute on the basis of aiding and abetting. If" he should be, this should be covered in the statute on bribery. This subsection does not prevent his being criminally liable, it merely requires the statu[t]e defining the offense to so specify. The subsection does make it clear that it does not bar conviction for a related offense based on his own conduct, as, for example, if there were another statute making it a crime to receive a bribe. Comment to 1973 Proposed Code § 562.041. As one commentator has noted, using the same rationale, if a statute makes prostitution a criminal offense, a person soliciting that prostitute could not be found guilty under Section 562.041.2(2) based on aiding the prostitute because his conduct is “necessarily incident” to the crime of prostitution. The patron could, however, be found guilty under a separate statute which makes soliciting a prostitute a crime. These examples make clear that the “necessarily incident” ex”

   1 later decision quote this exact passage
   e.g. State of Missouri v. Maurice Parnell Webber

2. “[A] guilty plea does not waive a subsequent claim of a double jeopardy violation if it can be determined from the face of the record that the sentencing court had no power to enter the conviction or impose the sentence. We believe that the record that a reviewing court may consider in determining whether a double jeopardy claim can be considered on collateral attack consists solely of the State’s information or indictment and the transcript of a movant’s guilty plea.”

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

3. “[section 568.060(1)] is intended to prevent abusive and punitive conduct which causes serious emotional injury to a child.”

   1 later decision quote this exact passage
   e.g. United States v. Wilson