State v. Dubish’s Empirical Analysis

Citation profile

4 federal appellate · 4 district · 113 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 125 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Bodily harm has been defined as ‘any touching of the victim against [the victim’s] will, with physical force, in an intentional hostile and aggravated manner.’ [Citation omitted.] The word ‘great’ distinguishes the bodily harm necessary in [the offense of aggravated battery] from slight, trivial, minor or moderate harm, and as such it does not include mere bruises, which are likely to be sustained in simple battery.””

   4 later decisions quote this exact passage · from the majority
   e.g. State v. Gideon · State v. Kelly

2. ““K.S.A. 60-258 was amended in 1976, and now provides: “ ‘Entry of judgments [shall] be subject to the provisions of section 60-254(b). No judgment shall be effective unless and until a journal entry or judgment form is signed by the trial judge and filed with the clerk of the court. . . . “ ‘When judgment is entered by judgment form the clerk shall serve a copy of the judgment form on all attorneys of record within three days. Service may be made personally or by mail. Failure of service of a copy of the judgment form shall not affect the validity of the judgment.’ “The new statute’s language is clear. No judgment is effective unless and until a journal entry or judgment form is signed by the trial judge and filed with the clerk of the court. In re Estate of Burns, 227 Kan. 573, 575 , 608 P.2d 942 (1980).””

   2 later decisions quote this exact passage · from the majority
   e.g. In Re the Marriage of Wilson · McGuire v. Sifers

3. “" Murder in the first degree is the killing of a human being committed maliciously, willfully, deliberately and with premeditation or committed in the perpetration or attempt to perpetrate any felony ". (Emphasis supplied.) "Penal statutes must be strictly construed in favor of the persons sought to be subjected to them. The rule of strict construction simply means ordinary words are to be given their ordinary meaning. The statute should not be read to add that which is not readily found therein or to read out what as a matter of ordinary English language is in it." State v. Dubish, 234 Kan. 708, 712 , 675 P.2d 877 (1984).”

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