State v. Smith’s Empirical Analysis

Citation profile

62 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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘While the passage of the statutory period established in these legislative enactments [such as K.S.A. 1978 Supp. 22-3402] must be treated as conclusive of undue delay if all other conditions are met, the constitutional right must be preserved and kept distinct in those situations not specifically covered by statute. Judge Skelly Wright, in his concurring opinion in Nickens v. United States, 323 F.2d 808 (D.C. Cir. 1963), referred to delay in the criminal process before the filing of charges and said: “The legislature is free to implement the constitutional right and to provide protections greater than the constitutional right. But the minimum right of the accused to speedy trial is preserved by the command of the Sixth Amendment, whatever the terms of the statute. And that minimum right is measured by a flexible standard which takes account of all the circumstances.” (p. 813.)’ (p. 616.)” 215 Kan. at 39 .”

   1 later decision quote this exact passage · from the majority
   e.g. 3 Kan. App. 2d 316 - State v. Taylor

2. ““. . . [A] preliminary examination is not a trial of a defendant’s guilt; it is rather an inquiry whether the defendant should be held for trial. Its principal purpose is a determination of whether a crime has been committed and whether there is a probability that the defendant committed the crime. Its main object is to apprise the accused of the nature of the crime or crimes charged against him, and to apprise him partially, at least, of the sort of evidence he will have to combat when he is subjected to formal prosecution in the district court. . . .” (Emphasis added.) (p. 166.)”

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

3. ““A motion to inquire during trial is not a proper method to determine if members of a jury are aware of prejudicial articles published by a newspaper during the trial. [Citation omitted.] “Where the record on appeal, as here, fails to show that a single member of the jury was made aware of the publicity, when it does not appear the publicity was massive, pervasive or disruptive of the trial proceedings no trial error appears for there is no showing that defendant was deprived of a fair trial. [Citation omitted.]””

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