White v. Crouse’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In the first place, under the laws of Kansas a preliminary examination is not a ‘trial’ in the ordinary sense of the word. (State v. Badders, 141 Kan. 683 , 42 P. 2d 943 .) The purpose of a preliminary examination for one charged with a felony is to determine whether an offense has been committed and whether there is probable cause for charging a defendant with the commission thereof. The proceeding is not a trial in the sense that one may be found ‘guilty.’ A defendant is bound over for trial only where the state establishes that an offense has been committed and that there is probable cause for charging him with its commission—otherwise he is to be discharged. (G. S. 1949, 62-618 [now K. S. A. 62-618].) Under the provisions of G. S. 1949, 62-615 [now K. S. A. 62-615], a defendant has the right to be assisted by counsel at a preliminary examination, but there is no statute requiring the appointment of counsel in such a proceeding, and it has been held many times that failure to appoint counsel at a preliminary examination is not error. (Citing cases.) . . .” (p. 316.)”

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

2. ““It Is the Finding, Order and Judgment and Decree of This Court, that at the conclusion of the testimony of the plaintiff and defendant and after listening to all of the evidence brought before this court, or magistrate, that there is probable cause to believe an offense or crime being the violation of Section 21-401, K. S. A., 1964, which is the crime of murder in the first degree, and there is probable cause to believe that the defendant or prisoner herein, committed the said crime and there is probable cause to believe that said crime was committed within the jurisdiction of this court, to-wit: Jackson County, Kansas. The Court hereby finds that said defendant, according to the laws of the State of Kansas, should be bound over for trial in the District Court of Jackson County, Kansas.””

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