13 Kan. App. 2d 604 - Keim v. State’s Empirical Analysis

Citation profile

1 federal appellate · 2 district · 16 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Keim held that a person of common intelligence is capable of determining whether an individual’s mental deficiency renders him or her incapable of giving consent. A juror, by definition, is a person of common intelligence. Therefore, when the capacity of a mentally deficient individual to consent to a sexual act is at issue, the jury is capable of determining whether that individual is able to understand the nature and consequences of engaging in such an act. In reaching its determination, the jury should evaluate the individual’s behavior in normal social intercourse as well as consider any expert testimony concerning the individual’s mental deficiency.””

   4 later decisions quote this exact passage
   e.g. 215 Wis. 2d 84 - State v. Smith · Saiz v. State

2. “[A] potential offender must simply determine if his or her partner understands the nature and consequences of engaging in the sex act. Under normal circumstances a mental incapacity to consent would be apparent in ordinary social intercourse. The potential offender who would engage in sex acts with a stranger may be required to ask questions to be 'safe,' just as he or she would be required to do in order to ascertain the other's chronological age to avoid prosecution....”

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