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← 233 Kan. 100 - State v. Coberly

State v. Coberly’s Empirical Analysis

1983

Citation profile

60
cited by 60 later decisions
1
states following
September 2001
most recently cited

59 state decisions

How this case has been cited

Cited by 60 later decisions — most recently September 2001 · most notably State v. Hobson (1983), State v. Pham (1984)

59 state decisions

390198319902000decided

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 Davis v. Illinois · State v. Buggs · State v. Brown · 10 Ill. 2d 430 - The People v. Davis · State v. Garnes

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

  1. ““(1) Aggravated incest is marriage to or engaging in any prohibited act enumerated in subsection (2) with a person who is under 18 years of age and who is known to the offender to be related to the offender as any of the following biological, step or adoptive relatives: child, grandchild of any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece. “(2) The following are prohibited acts under subsection (1): “(a) Sexual intercourse, sodomy or any unlawful sex act, as defined by K.S.A. 21-3501 and amendments thereto; or “(b) any lewd fondling or touching of the person of either the child or the offender, done or submitted to with the intent to arouse or to satisfy the sexual desires of either the child or the offender or both.””
    3 later decisions quote this exact passage · from the majority
  2. ““A sentence imposed by a trial court will not be disturbed on appeal provided it is within the limits prescribed by law and within the realm of discretion on the part of the trial court, and the sentence is not the result of partiality, prejudice, oppression or corrupt motive.””
    3 later decisions quote this exact passage · from the majority
  3. ““In State v. Coberly, 233 Kan. 100 , 661 P.2d 383 (1983), the court held that ‘an offense is considered a lesser included offense under K.S.A. 21-3107(2)(d) when all elements necessary to prove the lesser offense are present and required to establish the elements of the greater offense charged.’ 233 Kan. at 107 . Put differently, if the lesser offense requires an element to be proven that is not required of the greater offense, it is not a lesser included offense. State v. Daniels, 223 Kan. 266 , 573 P.2d 607 (1977).””
    2 later decisions quote this exact passage · from the majority

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.