12 Kan. App. 2d 342 - State v. Anderson’s Empirical Analysis

Citation profile

36 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘For a criminal or penal law to be ex post facto, two elements must be present: the law “must be retrospective, that is, it must apply to events occurring before its enactment, and it must disadvantage the offender affected by it.” Weaver, 450 U.S. at 29 ; Stokes v. Orr, 628 F. Supp. 1085, 1086 (D. Kan. 1985).’ ” 244 Kan. at 219 .”

   3 later decisions quote this exact passage
   e.g. State v. Nunn · Tonge v. Werholtz

2. ““[I]f a newly asserted issue involves only a legal question arising on proved or admitted facts which will be finally determinative of the case, or if consideration is necessary to serve the ends of justice or to prevent a denial of fundamental rights, an appellate court may consider the issue even though not considered by the trial court.” State v. Anderson, 12 Kan. App. 2d 342 , Syl. ¶ 1, 744 P.2d 143 (1987).”

   2 later decisions quote this exact passage
   e.g. 17 Kan. App. 2d 425 - State v. Kirkland · 15 Kan. App. 2d 341 - Bank IV Topeka, N.A. v. Topeka Bank & Trust Co.

3. ““(b) Except as provided in subsection (c), no person may petition for expungement until five or more years have elapsed since the person satisfied the sentence imposed ... or was discharged from . . . parole,... if such person was convicted of a class A, B or C felony, or for crimes committed on or after July 1, 1993, if convicted of an off-grid felony or any nondrug crime ranked in severity levels 1 through 5 or any felony ranked in severity levels 1 through 3 of the drug grid, or: [specifically listed crimes]. “(c) There shall be no expungement of convictions for the following offenses or of convictions for an attempt to commit any of the following offenses: (1) Rape as defined in K S.A. 21-3502, and amendments thereto;... (5) aggravated criminal sodomy as defined in K.S.A. 21-3506, and amendments thereto; ... or (22) any conviction for any offense in effect at any time prior to the effective date of this act, that is comparable to any offense as provided in this subsection. “(e) At the hearing on the petition, the court shall order the petitioner’s arrest record, conviction or diversion expunged if the court finds that: (1) The petitioner has not been convicted of a felony in the past two years and no proceeding involving any such crime is presently pending or being instituted against the petitioner; (2) tire circumstances and behavior of the petitioner warrant the expungement; and (3) the expungement is consistent with the public welfare.” (Emphasis added.)”

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