State v. Berg’s Empirical Analysis

Citation profile

4 district · 6 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"That the prosecuting witness in any criminal action or proceeding may, at his own expense, employ an attorney or attorneys to assist the county attorney to perform his duties in any criminal action or proceeding under any of the laws of the state of Kansas, and such attorney or attorneys shall be recognized by the county attorney and court as associate counsel in such action or proceeding, and no prosecution shall be dismissed over the objection of such associate counsel until the reason of the county attorney for such dismissal, together with the objections thereto of such associate counsel, shall have been filed in writing, argued by counsel, and fully considered by the court."”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Baker · 11 Kan. App. 2d 552 - State v. Dressel

2. “"In our opinion an attorney hired by the complaining witness to assist the prosecutor pursuant to 19-717 is not a `special prosecutor' within the meaning of 22-2202(19). Although we find no Kansas cases which define `special prosecutor,' we are of the opinion that, as used in the statute, it refers to one who is temporarily appointed by the court to replace the absent county attorney pursuant to K.S.A. 19-711 or 19-715. The 19-717 attorney does not take over the role of the prosecutor. The controlling word in 19-717 is `assist.' The attorney is to assist the prosecutor who will maintain ultimate control of the case. "In State v. Wells, 54 Kan. 161 , the Supreme Court held that although it was not error for the lower court to permit private counsel to assist the county attorney, the entire prosecution was to remain under the supervision and control of the county attorney. K.S.A. 19-717 was enacted in 1901, subsequent to the Wells case. Since the statute specifies that the attorney employed by the complaining witness `assists' the prosecutor, the statute codifies the holding in Wells and was not meant to override that case. More recently, in State v. Sandstrom, 225 Kan. 717 , 595 P.2d 324 , cert. denied 444 U.S. 942 (1979), this court held that it was not error to hire an assistant to the prosecutor under 19-717 since `[t]he district attorney participated fully in the prosecution and there is nothing to show he was not in full control of the case.' 225 Kan. at 723 . See also St”

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