State v. Parson’s Empirical Analysis

Citation profile

2 federal appellate · 30 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Ordinarily, failure to make timely, specific objection to the admission of evidence will bar consideration of the admissibility question on appellate review. [Citations omitted.] Here, the appellant’s objection was not ‘timely in the strict sense, but there is no doubt the district court was apprised of the issue before it rendered its decision .... What transpired is consistent with tire rationale underlying the contemporaneous objection rule—i.e.[,] objecting to admissibility and stating the grounds therefor permits the court to preclude improper evidence from affecting the decision. This was a trial by the court; no jurors had been swayed by the improper evidence. The court had not rendered its decision when the issue was raised, and we think under the circumstances of this case the spirit if not the letter of the contemporaneous objection rule was satisfied.””

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Spagnola · In re the Care & Treatment of Ritchie

2. ““[A] person, whether or not a party, has a privilege in a civil action or in a prosecution for a misdemeanor, other than a prosecution for a violation ofK. S.A. 8-1567 [the DUI statute] and amendments thereto or an ordinance which prohibits the acts prohibited by that statute, to refuse to disclose, and to prevent a witness . from disclosing, a communication, if the person claims the privilege and the judge finds that: (I) The communication was a confidential communication between patient and physician; (2) the patient or the physician reasonably believed tire communication necessary or helpful to enable the physician to make a diagnosis of the condition of the patient or to prescribe or render treatment therefor; (3) the witness (i) is the holder of the privilege, (ii) at the time of the communication was the physician or a person to whom disclosure was made because reasonably necessary for the transmission of the communication or for the accomplishment of the purpose for which it was transmitted or (iii) is any other person who obtained knowledge or possession of the communication as the result of an intentional breach of the physician’s duty of nondisclosure by the physician or the physician’s agent or servant; and (4) the claimant is the holder of the privilege or a person authorized to claim the privilege for the holder of the privilege.” (Emphasis added.)”

   1 later decision quote this exact passage · from the majority
   e.g. 43 Kan. App. 2d 403 - State v. Weilert

3. ““[K.S.A. 60-404] is intended to prevent reversals for improper admission of evidence unless a specific objection is made at the time the evidence is introduced. It does not, however, operate in a vacuum and has been relaxed to fit trial situations, such as where the objectionable matter isn't readily apparent or in a trial to the court rather than to a jury.” (Emphasis added.) State v. Parson, 226 Kan. 491, 493 , 601 P.2d 680 (1979) (involving a bench trial).”

   1 later decision quote this exact passage · from the majority
   e.g. 36 Kan. App. 2d 747 - State v. Araujo