State v. Hess’s Empirical Analysis

Citation profile

21 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In an attempt to forestall application of the rule above announced appellee relies upon a single case, i. e., State v. Mitchell, 143 Kan. 322 , 54 P. 2d 917 , in which, under circumstances which must be conceded to be identical this court, obviously without giving the question considered attention, held that a defendant’s motion for discharge during the trial should have been allowed, and directed his discharge. Our reexamination of sections of the statute dealing with the subject and our decisions construing them convinces us that our holding in that case on the point mentioned was unwarranted and should be overruled.” (pp. 459, 460.)”

   1 later decision quote this exact passage · from the majority
   e.g. Cox v. State

2. ““An appellate court will not determine the terms of a judgment on controverted and unsupported claims of the parties to the action and must assume the journal entry of judgment correctly reflects the judgment rendered and the facts therein recited notwithstanding a claim by one of the parties to the contrary. “Upon appeal in a criminal action: (1) Error is never presumed but must be established. (2) If susceptible of a reasonable interpretation to the contrary the record of the proceedings of the trial court will not be interpreted to show error.” (Syl. 1 and 2.)”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Miller