State v. Osbey’s Empirical Analysis

Citation profile

2 federal appellate · 3 district · 48 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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The present case falls within the procedure set out in State v. Choens, 224 Kan. 402 , 580 P.2d 1298 (1978), which holds that a later overruling decision should be applied retroactively to all similar cases pending at the time the decision was rendered. A conviction is not considered final until the judgment of conviction has been rendered, the availability of an appeal has been exhausted, and the time for any rehearing or final review has passed. This court determined [the overruling decision] prior to the appeal in this case. The facts in this case are sufficiently similar to those in [the overruling decision], allowing Osbey to raise the issue on appeal.””

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

2. “[e]rror cannot be predicated on the refusal to give specific instructions where those which were given cover and include the substance of those refused. [Citations omitted.]”

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

3. ““(1) Commit the defendant to the custody of the secretary of corrections ... or ... to jail for the term provided by law; “(2) impose the fine applicable to the offense; “(3) release the defendant on probation . . .; “(4) assign the defendant to a community correctional services program . . .; “(5) assign the defendant to a conservation camp . . .; “(6) assign the defendant to a house arrest program . . .; “(7) order the defendant to attend and satisfactorily complete an alcohol or drug education or training program . . .; “(8) order the defendant to repay the amount of any reward paid . . ., repay the amount of any costs and expenses incurred by any law enforcement agency in the apprehension of the defendant. . ., or repay the amount of any public funds utilized by a law enforcement agency to purchase controlled substances from the defendant during the investigation . . .; “(9) order the defendant to pay the administrative fee . . . ; “(10) order the defendant to pay a domestic violence special program fee . . .; “(11) impose any appropriate combination [of these dispositions]; or “(12) suspend imposition of sentence in misdemeanor cases.” K.S.A. 2001 Supp. 21-4603d(a).”

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