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← 2005 SD 73 - State v. McKinney

State v. McKinney’s Empirical Analysis

2005

Citation profile

37
cited by 37 later decisions
1
states following
December 2024
most recently cited

37 state decisions

How this case has been cited

Cited by 37 later decisions — most recently December 2024 · most notably State v. Buchhold (2007), State v. Overbey (2010)

37 state decisions

200200520102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Crawford v. Washington · Ohio v. Roberts · California v. Green · Harmelin v. Michigan · Delaware v. Fensterer

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

  1. “In reviewing a denial of a motion for judgment of acquittal, we determine “whether the ‘evidence was sufficient to sustain the convictions.’ ” State v. Janklow, 2005 SD 25, ¶ 16 , 693 N.W.2d 685, 693 (citations omitted). “In determining the sufficiency of the evidence on appeal in a criminal case, the issue before this Court is whether there is evidence in the record which, if believed by the jury, is sufficient to sustain a finding of guilt beyond a reasonable doubt.” In making that determination, “we accept the evidence and the most favorable inferences fairly, drawn therefrom, which will support the verdict.” Moreover, “the jury is ... the exclusive judge of the credibility of the witnesses and the weight of the evidence.” Therefore, this Court does not resolve conflicts in the evidence, or pass on the credibility of witnesses, or weigh the evidence. [State v. Pasek, 2004 SD 132, ¶ 7 , 691 N.W.2d 301, 305 ] (citation omitted).”
    1 later decision quote this exact passage
  2. “[A]fter exercising the right to trial, a defendant’s continued refusal to take accountability may be considered as a sign of lack of remorse. State of Wisconsin v. Fuerst, 181 Wis.2d 903, 915 , 512 N.W.2d 243, 247 (1994). “Repentance has a role in penology. But the premise of our criminal jurisprudence has always been that the time for repentance comes after trial.” Scott v. United States, 419 F.2d 264, 270 (D.C.Cir.1969). A sentencing court may consider a defendant’s denial as part of its decision whether the defendant can be successfully rehabilitated. Rehabilitation must begin with an offender’s acknowledgment of personal fault.”
    1 later decision quote this exact passage
  3. “We ultimately review a sentence within statutory limits under an abuse of discretion standard.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.