State v. Smith’s Empirical Analysis

Citation profile

41 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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““As a general rule prior to the commencement of the trial the prosecutor should be given wide discretion in amending the original information. A trial court may allow an amendment to an information in its discretion both as to form and Substance after arraignment and plea before commencement of the trial. [Citation omitted.] The inquiry under the statute is whether or not the circumstances of each case reflect prejudice to the defendant. Where the record fails to establish prejudice to the defendant’s substantial rights, amendment any time before the verdict is proper. [Citations omitted.]” 225 Kan. at 798 .”

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

2. ““[T]he right to a prehminary examination is purely statutory. It is not mandated either by general constitutional privileges or the requirement of constitutional due process. [Citation omitted.] . . . The sufficiency of the prehminary examination must be challenged by a motion to dismiss under K.S.A. 22-3208. Failure to raise the question by such a motion constitutes a waiver and precludes review on appeal. [Citations omitted.]” (Emphasis added.) 225 Kan. at 798 .”

   2 later decisions quote this exact passage · from the majority
   e.g. 5 Kan. App. 2d 31 - State v. Allen · State v. Pennington

3. ““[W]here doubt may exist,'we see nothing wrong in considering both the nature of the offense in the abstract and the circumstances of its commission in determining whether a particular felony was inherently dangerous to human life. Some felonies, such as aggravated robbery, viewed in the abstract alone, are of such nature as to be inherently dangerous to human life, while another which seems of itself not to involve any element of human risk may be committed in such a dangerous manner as to be of the same character. “Hence we hold that the nature of the felony and, where necessary for determination, the circumstances of its commission are relevant factors in considering whether the particular felony was inherently and foreseeably dangerous to human life so as to support a conviction of felony murder. These are questions for the trial court and jury to decide in appropriate cases.””

   1 later decision quote this exact passage · from the majority
   e.g. 4 Kan. App. 2d 210 - State v. Davis