State v. Kirby’s Empirical Analysis
1977
Citation profile
88 state decisions
How this case has been cited
Cited by 88 later decisions — most recently November 2018 · most notably State v. Sullivan & Sullivan (1978), State v. Huffman (1980)
88 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Brown v. Wichita State University · State v. Gunzelman · Kansas City Millwright Co., Inc. v. Kalb · State v. Conley · State v. Wright
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 88 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The test to determine whether a criminal statute is unconstitutionally void by reason of being vague and indefinite is whether its language conveys a sufficiently definite warning as to the conduct proscribed when measured by common understanding and practice. If a statute conveys this warning it is not void for vagueness. Conversely, a statute which either requires or forbids the doing of an act in terms so vague that persons of common intelligence must necessarily guess at its meaning and differ as to its application is violative of due process. At its heart the test for vagueness is a commonsense determination of fundamental fairness.” p. 4.”
12 later decisions quote this exact passage · from the majority““Aggravated battery is the unlawful, touching or application of force to the person of another with intent to injure that person or another and which . . . “(c) Is done with a deadly weapon, or in any manner whereby great bodily harm, disfigurement, dismemberment, or death can be inflicted.””
1 later decision quote this exact passage · from the majority““. . . Proof of willful conduct shall be required to establish criminal intent. . . .””
1 later decision quote this exact passage · from the majoritye.g. State v. Woods
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.