State v. Staab’s Empirical Analysis

Citation profile

36 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Involuntary manslaughter is the unlawful killing of a human being, without malice, which is done unintentionally in the wanton commission of an unlawful act not amounting to felony, or in the commission of a lawful act in an unlawful or wanton manner.””

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

2. ““(3) In cases where the crime charged may include some lesser crime it is the duty of the trial court to instruct the jury, not only as to the crime charged but as to all lesser crimes of which the accused might be found guilty under the information or indictment and upon the evidence adduced, even though such instructions have not been requested or have been objected to.””

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

3. ““The rule is well established that the duty to instruct on lesser included crimes arises only when there is evidence under which the defendant might have reasonably been convicted of the lesser offense. State v. Everson, 229 Kan. 540, 542 , 626 P.2d 1189 (1981); State v. Prince, 227 Kan. 137 , Syl. ¶ 1, 605 P.2d 563 (1980); State v. Sullivan & Sullivan, 224 Kan. 110, 120 , 578 P.2d 1108 (1978); State v. Seelke, 221 Kan. 672, 675 , 561 P.2d 869 (1977); State v. Gregory, 218 Kan. 180, 183 , 542 P.2d 1051 (1975). Thus, if the evidence offered excludes a theory of guilt on a lesser included offense, the instruction need not be given. See State v. Cates, 223 Kan. 724, 576 P.2d 657 (1978). State v. McDermott, 202 Kan. 399 , 449 P.2d 545 , cert. denied 396 U.S. 912 (1969). The evidence supporting the lesser crime, however, need not be overwhelming. The instruction should be given even if the evidence is weak and inconclusive or consists solely of defendant’s testimony. State v. Sullivan & Sullivan, 224 Kan. at 120 ; State v. Seelke, 221 Kan. at 676 . These rules are designed to give the defendant the ‘right to have the court instruct the jury in the law applicable to his contention . . . To refuse so to instruct the jury would be to invade its province in the trial of a case.’ Thus if there is ‘any substantial evidence tending to prove an inferior degree of the offense’, the instruction must be given. State v. Buffington, 66 Kan. 706, 709-10 , 72 Pac. 213 (1903); State v. Clark, 214”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Carter