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← 98 S.W.3d 618 - State v. Benwire

State v. Benwire’s Empirical Analysis

2003

Citation profile

23
cited by 23 later decisions
4
states following
September 2020
most recently cited

23 state decisions

How this case has been cited

Cited by 23 later decisions — most recently September 2020

23 state decisions

140200320102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on State v. Grim · State v. Dulany · State v. Silvey · State v. Wright · State v. Anderson

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

  1. “Despite Benwire’s argument that § 491.075 is limited by the requirement of § 492.304.1(2) that the recording be both visual and aural, the following reference to § 491.075 appears in § 492.304: 2. If the child does not testify at the proceeding, the visual and aural recording of a verbal or nonverbal statement of the child shall not be admissible under this section unless the recording qualifies for admission under section 4,91.075 RSMo. (emphasis added). Recordings that do not meet the criteria for § 492.304 may still be admissible if they qualify for admission under § 491.075. Further evidence that § 492.304 does not exclusively govern the admission of recordings of the statement of a child under twelve in these cases is the fact that there are numerous instances in which such recordings have been admitted into evidence pursuant to § 491.075. See, e.g., State v. Russell, 872 S.W.2d 866 (Mo.App.1994); State v. Olson, 854 S.W.2d 14 (Mo.App.1993); State v. Robinson 782 S.W.2d 694 (Mo.App.1989).”
    1 later decision quote this exact passage
  2. “Such statements, and any reasonable inferences that may be drawn from those statements, `may alone constitute substantial evidence of an element of the offense charged.'”
    1 later decision quote this exact passage
  3. “is admissible in evidence in criminal proceedings in the courts of this state as substantive evidence to prove the truth of the matter asserted”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.