State v. Whiters’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[K.S.A. 60-455] is not autonomous on the. admissibility of evidence of past crimes since it is subject to the provisions of other rules relating, to-the admission of evidence. • . • ■ . “Kansas case law makes it clear the majority of prosecutors and trial courts have read K.S.A. 60-455 as though the exception in the last sentence were the rule, and when the proffered past crimes evidence bore some relevance to motive, opportunity, intent, preparation, plan; knowledge, identity, or absence of mistake, the gates of admissibility automatically swung open- under the theory proper instruction would correct any error of judicial discretion and would limit the jury’s consideration of the evidence to its proper role.' “Relevancy as the Single test of admissibility is disapproved from the very beginning of the evidence code. K.S.A. 60-407(/) provides all relevant evidence is admissible except as otherwise provided by statute. K.S.A. -60-455‘is such an exception generally prohibiting evidence of past crimes and takes precedence over 60-407(/):.... ' ■ “Although K.S.A. 60-445 refers to the exercise of discretion by the trial court when the evidence relates only to ‘surprise,’ it is a rule of necessity that the trial court may exclude any evidence which may unfairly prejudice a jury. Judge Gárd, in his comments following this.statute, states:- ‘Scattered among the Kansas decisions are cases which support the discretionary-power to exclude.'The rule is one of necessity. Trial judges and ”

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