12 Kan. App. 2d 206 - State v. Bryan’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A conviction for welfare fraud under K.S.A. 39-720 is a conviction for theft. K.S.A. 39-720; State v. Ambler, 220 Kan. 560 , 552 P.2d 896 (1976). An essential element of the crime of theft is that the accused obtain the property ‘with intent to deprive the owner permanently of the property.’ K.S.A. 1986 Supp. 21-3701; State v. Burnett, 4 Kan. App. 2d 412 , Syl. ¶ 1, 607 P.2d 88 (1980). “The State contends that a person who fraudulently obtains welfare assistance to which the person is not entitled, according to K.S.A. 39-720, ‘shall be guilty of theft.’ The problem with the State’s argument is that K.S.A. 39-720 does not stop at the point where it states that ‘[a]ny person who obtains ... by means of . . . fraudulent device, assistance to which the [person] is not entitled, shall be guilty of the crime of theft.’ (Emphasis added.) Presumably, the Legislature could have stopped at that point. See State v. Jones, 214 Kan. 568, 570, 521 P.2d 278 (1974) (‘The Legislature has the power to define and prescribe punishment for criminal offenses.’) However, the statute continues, saying that such person ‘shall be guilty of the crime of theft, as defined by K.S.A. 21-3701.’ (Emphasis added.) K.S.A. 1986 Supp. 21-3701 in fact defines ‘theft’ as obtaining control over property ‘with intent to deprive the owner permanently of the possession ... of the owner’s property.’ A person is not guilty of theft ‘as defined by K.S.A. 21-3701’ unless that person obtains control of the property with ”

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

2. ““COMES NOW, Mark Sevart, a duly appointed, qualified and acting Assistant District Attorney of the 18th Judicial District of the State of Kansas, and for and on behalf of the said State gives the Court to understand and be informed that in the County of Sedgwick, and State of Kansas, and on or about the 11th day of May, 1984, A.D., and from then on continuously until and including the 4th day of September, 1984, one Latisa Micheaux, did then and there unlawfully, willfully and knowingly obtain or attempt to obtain cash assistance to which defendant was not entitled in a total and aggregate amount of $756.00, by means of a false statement or other fraudulent device, to wit: submission of income reporting forms to the State Department of Social and Rehabilitation Services on which defendant failed to disclose she was employed and receiving wages by otherwise failing to report to the State Department of Social and Rehabilitation Services that she was receiving income from a source other than welfare assistance.””

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