12 Kan. App. 2d 731 - Patterson v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““For the purposes of K.S.A. 1987 Supp. 21-3107(2)(a), it has been held that theft is a lesser degree of larceny than robbery (State v. Long, 234 Kan. at 592) and that manslaughter is a lesser degree of homicide than murder (State v. Gregory, 218 Kan. 180, 183 , 542 P.2d 1051 [1975]). The ‘same crime,’ as that term appears in K.S.A. 1987 Supp. 21-3107(2)(a), was held to be larceny in Long and homicide in Gregory . Larceny and homicide were determined to be generic crimes. Long held robbery and theft to be embraced within ‘the same crime’ as different degrees of larceny. Gregory held murder and manslaughter to be embraced within ‘the same crime’ as different degrees of homicide. “Long and Gregory teach that inquiry for the existence of a K.S.A. 1987 Supp. 21-3107(2)(a) ‘same crime’ is not restricted to the statutorily defined crimes appearing in Part II of our criminal code (K.S.A. 21-3301 et seq.). “With respect to whether there is a ‘same crime’ of which rape and aggravated sexual battery may be lesser degrees on the adduced evidence, we find that rape and aggravated sexual battery are explicitly embraced within the statutory definition of ‘unlawful sexual act’ (K.S.A. 1987 Supp. 21-3501[4]). By reason thereof, we are persuaded that for the purposes of K.S.A. 1987 Supp. 21-3107(2)(a), it correctly may be held that aggravated sexual battery is a lesser degree of ‘unlawful sexual act’ than is rape. “Accordingly, we hold that on the adduced evidence in this case it was correct t”

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