13 Kan. App. 2d 257 - State v. Mosburg’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Although "(the Constitution does not explicitly mention any right of privacy," the Court has recognized that one aspect of the "liberty" protected by the Due Process Clause of the Fourteenth Amendment is "a right of personal privacy, or a guarantee of certain areas or zones of privacy." This right of personal privacy includes "the interest in independence in making certain kinds of important decisions." While the outer limits of this aspect of privacy have not been marked by the Court, it is clear that among the decisions that an individual may make without unjustified government interference are personal decisions "relating to marriage, procreation, contraception, family relationships, and child rearing and education." The decision whether or not to beget or bear a child is at the very heart of this cluster of constitutionally protected choices. That decision holds a particularly important place in the history of the right to privacy, a right first explicitly recognized in an opinion holding unconstitutional a statute prohibiting the use of contraceptives and most prominently vindicated in recent years in the contexts of contraception and abortion. This is understandable, for in a field that by definition concerns the most intimate of human activities and relationships, decisions whether to accomplish or to prevent conception are among the most private and sensitive. "If the right of privacy means anything, it is the right of the individual, married or single, to be free of ”

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

2. ““K.S.A. 21-4610 authorizes the trial court to set conditions of probation and sets out a nonexclusive list of conditions the court may include. The trial court has broad powers to impose probation conditions designed to serve the accused and the community. State v. Starbuck, 239 Kan. 132, 133 , 715 P.2d 1291 (1986). Setting die conditions of probation lies within the sound discretion of the trial court. State v. Hargis, 5 Kan. App. 2d 608, 611 , 620 P.2d 1181 (1980), rev. denied 229 Kan. 671 (1981). “There are, however, limitations on probation conditions that infringe on constitutionally protected rights." (Emphasis added.) State v. Mosburg, 13 Kan. App. 2d 257, 258 , 768 P.2d 313 (1989).”

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

3. “There would be significant enforcement problems should Mosburg become pregnant, forcing her to choose among concealing the pregnancy (thus denying her child adequate medical care), abortion, or incarceration. The State should not have the power to penalize Mosburg if she uses contraceptives which for some reason fail to prevent pregnancy.”

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