21 Kan. App. 2d 597 - State v. Zuck’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Because there is no indication that our legislature considered restricting the use of a defendant’s prior uncharged criminal conduct in establishing the presumptive sentence, the sentencing court here had the discretion to consider such conduct as a departure factor. Importantly, one of the purposes of the guidelines is to ensure public safety. Using a history of unpunished sexual exploitation as a factor to justify a departure is consistent with the purposes of the guidelines.””

   3 later decisions quote this exact passage
   e.g. 26 Kan. App. 2d 24 - State v. French · State v. Tiffany

2. ““If a factual aspect of a crime is a statutory element of the crime . . . that aspect of the current crime of conviction may be used as an aggravating or mitigating factor only if the criminal conduct constituting that aspect of the current crime of conviction is significantly different from the usual criminal conduct captured by the aspect of the crime.””

   1 later decision quote this exact passage
   e.g. 26 Kan. App. 2d 24 - State v. French

3. ““The complaint here charged that the attempted rape took place on or about September 17, 1993. The record indicated that defendant had been molesting the victim for a period of years. Consequently, there is evidence to support the finding there was conduct that occurred earlier that was not covered by the instant conviction.” 21 Kan. App. 2d at 605 .”

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