State v. Quick’s Empirical Analysis

Citation profile

2 district · 114 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 116 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “should be granted only when the trial court finds two factors are present: (1) the material or evidence in question will be inadmissible at a trial under the rules of evidence; and (2) the mere offer, reference, or statements made during trial concerning the material will tend to prejudice the jury.”

   7 later decisions quote this exact passage · from the majority
   e.g. Hageney v. Jackson Furniture of Danville · 8 Kan. App. 2d 419 - Reeve v. McBrearety

2. ““It is important that a proper written motion be filed to pinpoint the material or evidence to be protected against. This is necessary together with an order of the court setting forth the specific basis for exclusion or admission. . . . The motion should not be general in scope. [Citation omitted.] “When entering the order it should be temporary in nature. It is entered before trial and no one knows exactly what wiE turn up later during the trial. When a protective order has once been granted the offer of proof during the course of the trial must be made in tire absence of the jury.” 226 Kan. at 312 .”

   4 later decisions quote this exact passage · from the majority
   e.g. 6 Kan. App. 2d 556 - State v. Brown · 15 Kan. App. 2d 656 - State v. Williams

3. ““Before a hearsay statement should be admitted as a declaration against penal interest under K.S.A. 60-460(jj, the statement must in fact have been made against the declarant’s interest so as to have the potential for subjecting the declarant to criminal prosecution at the time of its utterance.” “K.S.A. 60-460(j) contemplates that the judge, using judicial discretion, find the statement ‘was at the time of the assertion so far contrary’ to the declarant’s penal interest ‘that a reasonable man in the declarant’s position would not have made the statement unless he or she believe it to be true.’ ””

   2 later decisions quote this exact passage · from the majority
   e.g. 8 Kan. App. 2d 1 - State v. Palmer · 6 Kan. App. 2d 412 - Chute v. Old American Insurance