State v. Heath’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The facts of this case give die statements of die victim’s parents reliability and trustworthiness. Heath had worked witii the victim for two years preceding the accident. On the day of the accident, the two were working together on a construction site in Wichita. They made a daily commute together from Hutchinson to Wichita to get to work. In addition to their working relationship, Heath and die victim were also social friends. After leaving work on the day of the accident, they went to a tavern adjacent to the work area and had a couple of beers. After driving 25 to 35 miles back to Hutchinson, Heath swerved to miss an object—a piece of a tire—in the roadway, causing the car to slide off the road into a utility pole. “Other events in this case also demonstrate the support the victim’s family showed for Heath. The day Heath was released from the hospital, the victim’s parents came to his residence, at which time he promised them he would never drink alcoholic beverages again. The victim’s sister also visited Heath after he was released from the hospital and showed her support by sitting beside Heath’s wife at the preliminary hearing. Last, before entering the courtroom on the day of the departure hearing, the victim’s mother came up to Heath, hugged him, and told him he needed to take care of his family. “Finally, Heath also showed remorse for what he had done. He continuously recognized his responsibility in causing the death of his close friend, Kord Cole. Heath’s parents”

   1 later decision quote this exact passage
   e.g. State v. Hines

2. ““By enacting the appellate review language recommended by the Kansas Sentencing Commission, which also mirrors the appellate review language enacted in Oregon, the Kansas Legislature intended the application of the same two-step test most clearly delineated by Senator Springer of Oregon: (1) an evidentiary test: Are the facts stated by the sentencing judge in justification of departure supported by the record? and (2) a law test: Are the reasons stated on the record for departure adequate to justify a sentence outside the presumptive sentence? If an appellate court finds that either test has not been met, the sentencing court has erred in imposing a departure sentence . . . .””

   1 later decision quote this exact passage
   e.g. 21 Kan. App. 2d 859 - State v. Crawford

3. “'The nature of this case, the nature of the relationship between the parties and the disposition that has been indicated here is something that causes this court to feel that I'm compelled to depart from the standard. What I'm going to do, Mr. Heath, is I'm going to make it the sentence and order of this court that you be taken by the Sheriff of Reno County and by him delivered to the Secretary of Corrections for a period of not less than 50 months. That's the minimum sentence the court can impose in this case.”

   1 later decision quote this exact passage
   e.g. State v. Montgomery