State v. Hutton’s Empirical Analysis

Citation profile

2 federal appellate · 35 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In order for the evidence to be sufficient to require instructions on lesser degrees of the homicide, the testimony supporting such instructions must be offered either by the State or by the defense for the purpose of proving what events occurred at the time the homicide was committed. Contradictory statements of a witness which are offered only for the purpose of destroying his credibility and not as positive evidence to prove the matters contained in the statements are not alone sufficient to require an instruction on the lesser degrees of homicide.” 226 Kan. at 714 .”

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

2. ““This court has previously considered the need for instructions on lesser included offenses where an alibi defense is raised. See State v. Reynolds, 230 Kan. at 538; State v. Cameron & Bentley, 216 Kan. 651 . These cases recognize that an alibi defense does not refute the evidence establishing the elements of the crime charged and is insufficient, standing alone, to support a verdict on a lesser charge. An alibi defense does not dispute the evidence that the crime charged was committed in the manner alleged; rather, it merely challenges the identity of the perpetrator. As clearly pointed out in State v. Marks, [ 226 Kan. 704 ] there must be positive testimony presented for the express purpose of proving a version of how the homicide occurred which is contrary to the version presented by the State before instructions on lesser included offenses are required. “Under tire facts of this case the defendant was guilty of either first-degree premeditated murder or felony murder, or he was not present and was not guilty of anything. The jury found that the defendant killed Mrs. Cherry with premeditation and deliberation and was guilty of first-degree premeditated murder. A verdict of guilty on any lesser included offense, i.e., second-degree murder or voluntary manslaughter, would not have been supported by the evidence.” 232 Kan. at 555 .”

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