State v. Gainer’s Empirical Analysis
1980
Citation profile
43 state decisions
How this case has been cited
Cited by 43 later decisions — most recently May 2021 · most notably State v. Smith (1999), State v. Kunellis (2003)
43 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Toussie v. United States · 57 Ill. App. 3d 887 - People v. Steinmann · State v. Watson
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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Hiding or disposing of the property stolen does not constitute concealment of the fact of the crime as contemplated in the statute. To hold otherwise would extend the statute of limitations beyond its stated term in practically every case of theft and this would lead to uncertainty in an otherwise certain provision of the statute of limitations. Concealment of the fact of the crime refers to concealment of those criminal acts which constitute the crime. Hiding or disposing of the property stolen does not constitute concealment of the fact of the crime. To constitute concealment of the fact of the crime of theft sufficient to toll the statute of limitations there must be a positive act done by or on behalf of the accused calculated to prevent discovery of the theft by those owning or having possession of the property before the theft. Mere silence, inaction, nondisclosure, or disposal of the stolen property is not concealment of the fact of the crime as contemplated in K.S.A. 21-3106(3)(c).” 227 Kan. at 674-675 .”
2 later decisions quote this exact passage · from the majority““The concept of continuing offenses is essentially a legal fiction. Fictions are usually avoided in the criminal law. [Citation omitted.] The courts have taken a very limited view of those crimes which constitute continuing offenses.” 227 Kan. at 672 .”
2 later decisions quote this exact passage · from the majority““The crime of theft by obtaining or exerting unauthorized control over property with intent to deprive the owner permanently of the possession, use or benefit of his property as proscribed in K.S.A. 21-3701(a) is not a continuing offense.””
2 later decisions quote this exact passage · from the majoritye.g. State v. Schaaf · State v. Freitag
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.