State v. Sullivan & Sullivan’s Empirical Analysis

Citation profile

110 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 110 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In a criminal proceeding a previous voluntary statement by the accused relative to the offense charged is admissible as against the accused under K.S.A. 60-460(f) as an exception to the rule excluding hearsay evidence. However, such a statement or confession is admissible only against the person making the statement or confession. “A confession by an accused relative to the offense charged is admissible only against the confessor and in a joint trial of codefendants it is necessary that an instruction be given to the jury limiting the use and purpose of the confession to a determination of the guilt of the confessor. In the absence of such a limiting instruction this court under the facts of this case cannot say it was harmless error beyond a reasonable doubt.” (Syl. 3, 4.)”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Porter, Green & Smith · State v. Edwards

2. ““K.S.A. 60-447 provides, if a character trait is relevant, evidence of specific instances which tend to prove the trait may be introduced in a criminal action if offered by the accused to prove innocence. K.S.A. 60-448 relates to traits of care and skill and is inapplicable in the present case. “The state argues the testimony was offered in support of defendant’s credibility and properly excluded as not bearing on truth and veracity. The record indicates that appellant John was attempting to introduce evidence of his good character and it was error for the trial court to sustain the state’s objection to this evidence. It is not necessary for us to determine whether the error was harmless since a new trial is necessary on other grounds.””

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

3. “As pointed out in State v. Jackson, 223 Kan. 554 , 575 P.2d 536 (1978), two first degree murder convictions and sentences stemming from one homicide constitute double punishment and cannot be allowed to stand. When an information charges the defendant with premeditated murder and felony murder for the commission of a single homicide the 7 state may introduce evidence on both theories at the trial, but the trial court should instruct the jury on both theories in the alternative in order to avoid double convictions or sentences. If either or both theories are proven only one conviction of murder in the first degree results. Accordingly, one of the sentences for murder in the first degree . . . must be and the same is hereby set aside.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Vargas · State v. Z.M.