State v. Johnson’s Empirical Analysis

Citation profile

10 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. ““[Ojnce codefendant Bamcord was sentenced by the judge presiding in that proceeding, then the judge presiding over his case was bound to impose sentences no greater than those imposed upon Bamcord (presumably defendant would not have objected to receiving a lighter controlling sentence than did Bamcord). In support of his argument relative to abuse of judicial discretion, defendant cites cases where a single sentencing judge imposed massively disparate sentences upon codefendants with no reasonable basis therefor, and the sentences were held by the reviewing court to constitute abuses of judicial discretion. See State v. Goering, 225 Kan. 755 , 594 P.2d 194 (1979), and Cochrane v. State, 4 Kan. App. 2d 721 , 610 P.2d 649 (1980). “The learned and experienced district judge presiding herein exercised his judicial discretion in imposing a lawful sentence upon the defendant. In so doing, he was not, and should not be, bound by what some other judge, exercising judicial discretion, has determined is an appropriate sentence for a codefendant. In exercising his or her judicial discretion at sentencing, a judge should do what he or she believes is right and equitable under the circumstances and the law and not impose a greater or lesser sentence simply to conform to a sentence previously imposed by another judge.” 239 Kan. at 125-26 .”

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