Jarrell v. State’s Empirical Analysis

Citation profile

36 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(1) When the same conduct of a defendant may establish the commission of more than one crime under the laws of this state, the defendant may be prosecuted for each of such crimes. Each of such crimes may be alleged as a separate count in a single complaint, information or indictment. “(2) Upon prosecution for a crime, the defendant may be convicted of either the crime charged or an included crime, but not both. An included crime may be any of the following: (a) A lesser degree of the same crime; (b) an attempt to commit the crime charged; (c) an attempt to commit a lesser degree of the crime charged; or (d) a crime necessarily proved if the crime charged were proved.””

   3 later decisions quote this exact passage · from the majority
   e.g. 16 Kan. App. 2d 150 - State v. Perry · State v. Coberly

2. “"This court has likewise held the state may not split a single offense into separate parts. Two or more separate convictions cannot be carved out of one criminal delinquency and where numerous charges are made, those which make up an integral part of another crime charged, in which the defendant was convicted, must be dismissed as duplicitous." (p. 173.)”

   3 later decisions quote this exact passage · from the majority
   e.g. State v. Coberly · 14 Kan. App. 2d 632 - State v. Matson

3. “"Count 1: Murder First Degree maliciously, willfully, and deliberately kill a human being, to-wit: Flora M. Baxter, while in the perpetration of a felony, to-wit: the crime of Robbery as defined by K. S. A. 1972 Supplement Section 21-3426, contrary to the form of the statutes in such case made and provided and against the peace and dignity of the State of Kansas. “Count 2: Robbery On, the _ day of July, 1973, in the County of Shawnee and State of Kansas, Ronald Dean Watkins, did then and there unlawfully, feloniously and willfully, take the personal property, to-wit: a billfold containing approximately $45.00 lawful U. S. currency from the person or from the presence of another, to-wit: Flora M. Baxter, by force, contrary to the form of the statutes in such case made and provided and against the peace and dignity of the State of Kansas. “Count 3: Aggravated Burglary On the _ day of July, 1973, in the County of Shawnee and State of Kansas, Ronald Dean Watkins, did then and there unlawfully, feloniously and willfully, knowingly and without authority enter into a building, to-wit: the apartment of Flora M. Baxter located at 301 Van Burén, Topeka, Kansas, in which there was a human being present, to-wit: Flora M. Baxter, with the intent to commit a theft while therein, contrary to the form of the statutes in such case made and provided and against the peace and dignity of the State of Kansas.””

   1 later decision quote this exact passage · from the majority
   e.g. State v. Watkins