State v. Taylor’s Empirical Analysis

Citation profile

2 district · 80 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 82 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"We view his admission of the conviction on child molestation charges as being properly presented as part of the state's case in chief provided, of course, that the jury was correctly charged as to the purpose for which such evidence was admitted and might be considered. This court has long held that evidence of similar offenses is admissible where it tends to show intent, motive, scienter, plan, identity, scheme or method of operation. [Citations omitted.].... "But the defendant maintains that the trial court improperly instructed the jury as to the purpose for which the evidence was received. The instruction, as given by the court, reads: "`Evidence of prior and independent sexual offenses may be considered as evidence tending to show a lustful disposition, the existence or continuance of the relation, as such acts tend to explain the act charged and corroborate other testimony relating to the present charge.' "It must be conceded that this instruction is couched in language used by this court in State v. Stitz, 111 Kan. 275 , 206 Pac. 910 , and later quoted with approval in State v. Allen, 163 Kan. 374 , 183 P.2d 458 . Nonetheless, we are not inclined to approve its use today in view of the subsequent enactment of K.S.A. 60-455....”

   3 later decisions quote this exact passage · from the majority
   e.g. State v. Boysaw · State v. Boysaw

2. “"As affecting the credibility of a witness ... ( d ) evidence of specific instances of his conduct relevant only as tending to prove a trait of his character, shall be inadmissible. " (Emphasis supplied.)”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. McCorvey · State v. Lewis

3. ““. . . In the event the time or place of the offense has not been specifically stated in the complaint, indictment or information, and the court directs it be amended, or a bill of particulars filed, as above provided, and the county attorney advises the court that he cannot safely do so on the facts as he has been informed concerning them; or if in the progress of the trial the evidence discloses a time or place of the offense other than alleged, but within the period of the statute of limitations applicable to the offense and within the territorial jurisdiction of the court, the action shall not abate or be discontinued for either of those reasons, but defendant may, without having given the notice above mentioned, offer evidence tending to show he was at some other place at the time of the offense.””

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