State v. Clay’s Empirical Analysis

Citation profile

5 federal appellate · 157 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 164 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In many instances seasoned trial counsel do not object to otherwise improper questions or arguments for strategic purposes. It is feared that frequent objections irritate the jury and highlight the statements complained of, resulting in more harm than good.”

   4 later decisions quote this exact passage
   e.g. Cardona-Rivera v. State · Walter Barton v. State of Missouri

2. “Appellate counsel was ineffective for fading to argue on direct appeal that the trial court erred in sustaining the State’s motion in limine regarding testimony and evidence 1) that the victim was diagnosed as having gonorrhea in his throat and 2) that [Movant] sought an order of protection from his wife, Lillian Hatch-er. Defense counsel argued that the gonorrhea diagnosis was important, because it showed that family members were prompted to explain why the five-year old victim would have gonorrhea in his throat and showed that the victim likely was led to making up a story about Mr. Hatcher. Once the diagnosis was found to be false positive, the investigation had begun, and the witnesses were already committed to their false accounts. Trial counsel properly preserved the issue by attempting to elicit the testimony during trial and including the issue in the motion for new trial.”

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

3. “The standard for reviewing claims challenging the sufficiency of evidence is well-established. State v. Clay, 975 S.W.2d 121, 139 (Mo.1998). On review, the Court accepts as true all of the evidence favorable to the State, including all favorable inferences drawn from the evidence and disregards all evidence and inferences to the contrary. Id. In reviewing a challenge to the sufficiency of the evidence, appellate review is limited to a determination of whether there is sufficient evidence from which a reasonable juror might have found the defendant guilty beyond a reasonable doubt. Id.”

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