State v. Glover’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. ““(a) General rule. Subject to K.S.A. 60-437 and except as otherwise provided in subsections (b) and (c) of this section, a spouse who transmitted, to the other the information which constitutes the communication, has a privilege during the marital relationship which he or she may claim whether or not a party to the action, to refuse to disclose and to prevent the other from disclosing communications found by the judge to have been had or made in confidence between them while husband and wife. The other spouse or either his or her guardian or conservator may claim the privilege on behalf of the spouse having the privilege.” (Emphasis supplied.)”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Myers · State v. Newman

2. ““The general rule concerning confidentiality is stated in 81 Am. Jur. 2d, Witnesses, § 155, in these words: “‘. . . [T]he broad general rule followed by nearly all of the courts is that a conversation, communication, or transaction between husband and wife, or a statement made by one to the other, in the presence of or overheard by a third person is not within the protection of the privileged communications rule. . . .’ (p. 194.) “See, also 97 C.J.S., Witnesses, § 268, pp. 766-768. In Vol. VIII Wigmore, Evidence in Trials at Common Law, [Revised by McNaughton], § 2336, pp. 650-651, the author succinctly states: “ ‘. . . Commonly, the presence of a third person within hearing will negative a marital confidence; so, too, the intended transmission of the communication to a third person. . . .’ “While State v. Gray, 55 Kan. 135 , 39 Pac. 1050 , was decided many years before the enactment of 60-423(£>), the holding therein accords with the authorities mentioned and the import of the statute as we read it. In the Gray opinion it is stated: “ . . Communications between husband and wife are not confidential when made in the presence of third parties. . . . “ ‘. . . Whatever is said in the presence and hearing of third persons has none of the characteristics or attributes of a confidential communication. There is no secrecy about it. It is then published to the witnesses, who are in no sense parties to the conjugal relation. . . .’ (pp. 143-144.)” p. 58.”

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

3. ““In a criminal case, the issue on appeal is not whether the evidence establishes guilt beyond a reasonable doubt, but whether the evidence is sufficient to form the basis for a reasonable inference of guilt when viewed in the light most favorable to the state.” (Syl. 5.)”

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