State v. Sherry’s Empirical Analysis

Citation profile

85 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 85 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““As against a party, a statement which would be admissible if made by the declarant at the hearing if . . . (2) the party and the declarant were participating in a plan to commit a crime or a civil wrong and the statement was relevant to the plan or its subject matter and was made while the plan was in existence and before its complete execution or other termination . . . .””

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

2. ““The evidence need not prove guilt beyond a reasonable doubt, only probable cause. The trial court must draw the inferences favorable to the prosecution from the evidence presented at the preliminary examination. State v. Jones, 233 Kan. 170 . A judge reweighing the preliminary examination evidence after arraignment and prior to trial must follow the standard for weighing the evidence as requixed for the preliminary examination. We conclude probable cause was shown.” 233 Kan. at 935.”

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

3. ““Acts done or declaration made before, during or after the happening of the principal occurrence may be admissible as part of the res gestae where the acts or declarations are so closely connected with it as to form in reality a part of the occurrence.” State v. Sherry, 233 Kan. 920, 932 , 667 P.2d 367 (1983).”

   2 later decisions quote this exact passage · from the majority
   e.g. 9 Kan. App. 2d 688 - State v. McConnell · State v. Handley