21 Kan. App. 2d 32 - State v. Trimble’s Empirical Analysis
1995
Citation profile
2 district · 20 state decisions
Relationships
Relies on Veatch v. Beck · 19 Kan. App. 2d 654 - Phillpot v. Shelton · 17 Kan. App. 2d 588 - State v. Geddes · 19 Kan. App. 2d 467 - Baxter v. John Weitzel, Inc. · State v. Howard
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““(a) When a departure sentence is appropriate, the sentencing judge may depart from the sentencing guidelines as provided in this section. “(b) When a sentencing judge departs in setting the duration of a presumptive term of imprisonment: (1) The judge shall consider and apply the enacted purposes and principles of sentencing guidelines to impose a sentence which is proportionate to the severity of the crime of conviction and the offender’s criminal histoiy; and (2) the presumptive term of imprisonment set in such departure shall not total more than double the maximum duration of the presumptive imprisonment term. “(c) When a sentencing judge imposes a prison term as a dispositional departure: (1) The judge shall consider and apply the enacted .purposes and principles of sentencing guidelines to impose a sentence which is proportionate to the severity of the crime of conviction; and (2) the term of imprisonment shall not exceed the maximum duration of the presumptive imprisonment term listed within the sentencing grid. Any sentence inconsistent with the provisions of this section shall constitute an additional departure and shall require substantial and compelling reasons independent of the reasons given for the dispositional departure. “(d) If the sentencing judge imposes a nonprison sentence as a dispositional-departure from -the guidelines, the recommended duration shall be as provided in subsection (c) of K.S.A. 21-4611 and amendments thereto.” (Emphasis added.)”
1 later decision quote this exact passagee.g. State v. Favela““(d) In any appeal from a judgment of conviction imposing a sentence that departs from the presumptive sentence prescribed by the sentencing grid for a crime, sentence review shall be limited to whether the sentencing court’s findings of fact and reasons justifying a departure: (1) Are supported by the evidence in the record; and (2) constitute substantial and compelling reasons for departure.” (Emphasis added.)”
1 later decision quote this exact passagee.g. State v. Favela
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.