State v. Beard’s Empirical Analysis

Citation profile

2 federal appellate · 58 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 60 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘ “ . . . The rule is that a party who offers an object into evidence must show that it is reasonably certain that there have been no material alterations of the object since it was first taken into custody. It is not necessary, however, that the object offered into evidence should have been kept continuously under lock-and-key or continuously sealed up. The preliminary proof of the identity of the object and that the same has not been improperly tampered with, is first to be determined by the trial court. It is not necessary that all possibility of its being tampered with should be excluded. (State v. Cook, 17 Kan. 392 ; State v. Frideaux, 207 Kan. 790 , 487 P. 2d 541 .) The ultimate question of the sufficiency of the proof is, of course, for the jury to determine. . . .” (pp. 958-959.)’” (Emphasis supplied.)”

   3 later decisions quote this exact passage · from the majority
   e.g. State v. Hernandez · State v. McGhee

2. ““A person is justified in the use of force against another when and to the extent that it appears to him and he reasonably believes that such conduct is necessary to prevent or terminate such other’s unlawful entry into or attack upon his dwelling.” (Emphasis added.)”

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

3. ““The instruction accords with the pertinent statutes . . . and is a correct statement of the law. The instruction, as we read it, does not declare the defendant to be the aggressor, but merely informs the jury of the statutory provisions pertaining to tire use of force ... as well as instructing the jury as to the right of self-defense and limitation on the force to be used by one in defending himself from unlawful attack. Whether defendant was an aggressor remained a question for the jury. There was ample evidence in this case which would have justified the jury in finding that defendant was an aggressor. “. . . The instruction given was applicable to the evidence in the instant case. On the state of the record we find no error in the giving of the instruction, much less ‘clear error’ which would be required to warrant reversal in the absence of defendant’s objection at trial.” 220 Kan. at 582 .”

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