State v. Burkett’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The effect of the appeal is to stay all further proceedings before the district magistrate judge. The case is to be tried de novo before the district judge or an associate district judge. The pleas entered before the district magistrate judge are automatically vacated; otherwise there would be no reason for a trial. The proceedings start afresh; arraignment must be held-, new pleas must be entered; a jury may be demanded; and if conviction results, the judge must direct the disposition, whether by fine, sentence, suspension of sentence, probation or otherwise. The plea, conviction and disposition had before the district magistrate judge are subject to automatic vacation by the appeal; none remain.” (Emphasis added.) 231 Kan. at 690 .”

   3 later decisions quote this exact passage · from the majority
   e.g. City of Salina v. Amador · City of Wichita v. Maddox

2. ““(1) The defendant shall have the right to appeal to die district court of die county from any judgment of a municipal court which adjudges die defendant guilty of a violation of die ordinances of any municipality of Kansas. The appeal shall be assigned by die chief judge to a district judge. The appeal shall stay all further proceedings upon die judgment appealed from. “(2) An appeal to die district court shall be taken by filing, in the district court of the county in which the municipal court is located, a notice of appeal and any appearance bond required by die municipal court. Municipal court clerks are hereby authorized to accept notices of appeal and appearance bonds under this subsection and shall forward such notices and bonds to die district court. No appeal shall be taken more than 10 days after die date of die judgment appealed from. “(3) The notice of appeal shall designate the judgment or part of the judgment appealed from. The defendant shall cause notice of die appeal to be served upon die city attorney prosecuting die case. The judge whose judgment is appealed from or die clerk of the court, if diere is one, shall certify die complaint and warrant to die district court of die county, but failure to do so shall not affect the validity of the appeal.””

   1 later decision quote this exact passage · from the majority
   e.g. City of Wichita v. Maddox

3. ““When, a case is appealed to the district court, such court shall hear and determine the cause on the original complaint, unless the complaint shall be found defective, in which case the court may order a new complaint to be filed and the case shall proceed as if the original complaint had not been set aside. The case shall be tried de novo in the district court.” (Emphasis added.)”

   1 later decision quote this exact passage · from the majority
   e.g. 29 Kan. App. 2d 355 - State v. Rose