12 Kan. App. 2d 781 - State v. Hickey’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Such testing and record not having been made upon the request of a law enforcement officer is not subject to the proscription of oral and written notice under K.S.A.1985 Supp. 8-1001(f)(l). There was no agency between tire drawing technician, tire hospital, and the arresting trooper. The court in State v. Gordon stated: ‘The Fourth Amendment prohibition against unreasonable searches and seizures applies solely to governmental action, not to the acts of private individuals. Burdeau v. McDowell, 256 U.S. 465 , 65 L. Ed. 1048 , 41 S. Ct. 574 (1921).’ 219 Kan. at 648. The trial court did not err in admitting the results of tire hospital tests for blood alcohol concentration.” 12 Kan. App. 2d at 786 .”

   1 later decision quote this exact passage
   e.g. 31 Kan. App. 2d 522 - Foos v. Terminix

2. ““In a criminal action, a trial court must instruct the jury on the law applicable to the theories of both the prosecution and the accused when there is competent supporting evidence. [Citations omitted.] When a trial court refuses to give a specific instruction, the appellate court must view the evidence in the light most favorable to the requesting party. [Citations omitted.]” 12 Kan. App. 2d at 784 .”

   1 later decision quote this exact passage
   e.g. 19 Kan. App. 2d 412 - State v. Coleman