State v. Korbel’s Empirical Analysis

Citation profile

74 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 74 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The words, 'if you cannot agree' when used to preface an instruction on a lesser charge are not coercive and do not require the members of a jury to unanimously find the accused innocent of the greater charge before proceeding to consider a lesser charge. The words 'if you cannot agree' presuppose less than a unanimous decision and no inference arises that an acquittal of the greater charge is required before considering the lesser." 231 Kan. at 661 .”

   4 later decisions quote this exact passage · from the majority
   e.g. State v. Hurt · State v. Parker

2. “" Instruction No. 6 "The defendant is charged in Count I with the crime of Murder in the First Degree. The defendant pleads not guilty. "To establish this charge, each of the following claims must be proved: 1. That the defendant killed Ratsamy Phanivong; 2. That such killing was done with premeditation; and 3. That this act occurred on or about the 23rd day of December, 2007, in Wyandotte County, Kansas. "Premeditation means to have thought over the matter beforehand, in order to have formed the design or intent to kill before the act. Although there is no specific time period required for premeditation, the concept of premeditation requires more than the instantaneous, intentional act of taking another's life." " Instruction No. 11 "As used in these instructions the word 'intentionally' means conduct that is purposeful and willful and not accidental. Intentional includes the terms 'knowing,' 'willful,' 'purposeful' and 'on purpose.' "As used in these instructions the word 'willfully' means conduct that is purposeful and intentional and not accidental. "As used in these instructions the words 'heat of passion' means any intense or vehement emotional excitement which was spontaneously provoked from circumstances. Such emotional state of mind must be of such degree as would cause an ordinary person to act on impulse without reflection." " Instruction No. 17 "Ordinarily a person intends all of the usual consequences of his voluntary acts. This inference may be considered by you”

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

3. ““[W]henever any person has been found guilty of a crime, the court may adjudge any of the following: “(1) Commit the defendant to the custody of the secretary of corrections or, if confinement is for a term less than one year, to jail for the term provided by law; “(4) suspend the imposition of the sentence subject to such conditions as the court may deem appropriate, including orders requiring full or partial restitution. . . . “(5) assign the defendant to a community correctional services program subject to such conditions as the court may deem appropriate, including orders requiring full or partial restitution; “(9) impose any appropriate combination of subsections (b)(1) through (b)(8).””

   1 later decision quote this exact passage · from the majority
   e.g. 22 Kan. App. 2d 564 - State v. Turner