State v. Hernandez’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. ““The rule with respect to chain of custody and guidelines for the application thereof were set forth in State v. Tillman, 208 Kan. 954, 958-59 , 494 P.2d 1178, 1182 [1972]: “ . . 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 [1877]; State v. Frideaux, 207 Kan. 790 , 487 P.2d 541 [1971].)’ See State v. Beard, [ 220 Kan. 580 , 552 P.2d 900 (1976)]; State v. Baker, 219 Kan. 854 , 549 P.2d 911 [1976]; State v. Steward, 219 Kan. 256 , 547 P.2d 773 [1976]. The Tillman test for chain of custody has been characterized as ‘reasonable certainty that no material alterations of the objects occurred.’ State v. Baker, [ 219 Kan. 854 , 549 P.2d 911 (1976)]; State v. Reed, 214 Kan. 562 , 520 P.2d 1314 [1974].””

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

2. “"If the witness is not testifying as an expert his or her testimony in the form of opinions or inferences is limited to such opinions or inferences as the judge finds ( a ) may be rationally based on the perception of the witness and ( b ) are helpful to a clearer understanding of his or her testimony."”

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