State v. Evans’s Empirical Analysis

Citation profile

4 federal appellate · 30 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. ““In several jurisdictions, including Kansas, a lesser included offense must not require any element not required by the crime charged. In other words, there must be ‘identity of elements.’ “The identity of elements requirement is also found in the Kansas statute covering lesser included offenses. Under (a), ‘a lesser degree of the same crime,’ the crime charged will always include all the elements of the lesser degree of that crime. . . . Under (d), ‘a crime necessarily proved if the crime charged were proved,’ the lesser will require no elements not in the greater.””

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

2. ““. . . If a lesser offense is to be considered a lesser included offense under the law, all elements necessary to prove the lesser offense must be present and be required to establish the elements of the greater offense charged. If each is a separate and distinct offense, requiring proof of an element not necessary in the other, then neither can be a lesser degree of the other offense.” (Accord, State v. Evans, 219 Kan. 515 , 548 P.2d 772 .)”

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

3. ““Probable cause does not require the same type of specific evidence of each element of the offense as would be needed to support a conviction. . . .””

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