Wallace v. Van Pelt’s Empirical Analysis

Citation profile

1 federal appellate · 44 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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Stalking” is when an adult purposely and repeatedly harasses or follows with the intent of harassing another adult. As used in this subdivision, “harasses” means to engage in a course of conduct directed at a specific adult that serves no legitimate purpose, that would cause a reasonable adult to suffer substantial emotional distress. As used in this subdivision, “course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of “course of conduct”.”

   10 later decisions quote this exact passage
   e.g. Leaverton v. Lasica · S.N.L. v. A.B.

2. “The potential for abuse of the stalking provision of the Adult Abuse Act is great. And, the harm that can result is both real and significant, not the least of which will be the stigma that attaches by virtue of a person having been found to be a stalker. Moreover, such a finding could lead to criminal prosecution for violation of the criminal stalking statute, § 565.225. Thus, it is incumbent that the trial courts exercise great vigilance to prevent abuse of the stalking provisions in the Adult Abuse Act and in making sure that sufficient credible evidence exists to support all elements of the statute before entering a protective order.”

   7 later decisions quote this exact passage
   e.g. Leaverton v. Lasica · Girard v. Girard

3. “As used in this chapter, unless the context clearly indicates otherwise, the following terms shall mean: (1) “Abuse” includes but is not limited to the occurrence of any of the following acts, attempts or threats against a person who may be protected pursuant to this chapter, except abuse shall not include abuse inflicted on a child by accidental means by an adult household member or discipline of a' child, including spanking, in a reasonable manner: (a) “Assault”, purposely or knowingly placing or attempting to place another in fear of physical harm; (b) “Battery”, purposely or knowingly causing physical harm to another with or without a deadly weapon; (c) “Coercion”, compelling another by force or threat of force to engage in conduct from which the latter has a right to abstain or to abstain, from conduct in which the person has a right to engage; (d) “Harassment”, engaging in a purposeful or knowing course of conduct involving more than one incident that alarms or causes distress to an adult or child and serves no legitimate purpose. The course of conduct must be such as would cause a reasonable adult or child to suffer substantial emotional distress and must actually cause substantial emotional distress to the petitioner or child. Such conduct might include, but is not limited to: a. Following another about in a public place or places; b. Peering in the window or lingering outside the residence of another; but does not include constitutionally protected activity.... [[Ima”

   2 later decisions quote this exact passage
   e.g. K.M.C. v. M.W.M. · K.M.C. v. M.W.M.