State v. Mitchell’s Empirical Analysis

Citation profile

67 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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In cases where the crime charged may include some lesser crime, it is the duty of the trial court to instruct die jury, not only as to the crime charged, but as to all lesser crimes of which the accused might be found guilty under the information or indictment and upon the evidence adduced.””

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

2. ““The purpose of [K.S.A. 60-441] is to preserve the integrity and finality of jury verdicts. Ingram v. State, 204 Kan. 836, 837 , 465 P.2d 925 (1970). Further, public policy forbids the questioning of a juror on the mental process used in reaching a verdict since ‘there is no possible way to test the truth or veracity of the answers.’ Kincaid v. Wade, 196 Kan. 174, 178 , 410 P.2d 333 (1966). “In reviewing testimony similar to Ms. Craig’s affidavit that the verdict rendered was not her verdict this court has held ‘the mere fact a juror who joins in a verdict later professes to believe the defendant innocent is no basis for ordering a mistrial.’ Crowley v. Ottken, 224 Kan. 27, 31 , 578 P.2d 689 (1978). Also, immediately after the verdict was rendered the trial court polled each juror individually, including Ms. Craig. They advised the court the verdict rendered was their own. “Ms. Craig stated in the affidavit she was under a lot of pressure from the other jurors to change her vote, so she did. This court has held a juror may not divulge what considerations influenced such juror in arriving at a verdict. Crowley v. Ottken, 224 Kan. at 31 . Ms. Craig’s affidavit testimony does just that.” 234 Kan. at 191 .”

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

3. “In all felony trials, upon the request of either the prosecution or the defendant, the court shall cause enough jurors to be called, examined, and passed for cause before any peremptory challenges are required, so that there will remain sufficient jurors, after the number of peremptory challenges allowed by law for the case on trial shall have been exhausted, to enable the court to cause 12 jurors to be sworn to try the case.”

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