State v. Robinson’s Empirical Analysis

Citation profile

2 federal appellate · 29 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The test to determine whether a criminal statute is unconstitutionally vague and indefinite is whether its language conveys a sufficiently definite warning as to the conduct proscribed when measured by common understanding and practice. A statute which either requires or forbids the doing of an act in terms so vague that persons of common intelligence must necessarily guess at its meaning and differ as to its application is violative of due process. State v. Cantrell, 234 Kan. 426 , Syl. ¶ 11, 673 P.2d 1147 (1983), cert. denied 469 U.S. 817 (1984). “In determining whether a statute is void for vagueness two inquiries are appropriate: (1) whether the statute gives fair warning to those persons potentially subject to it, and (2) whether the statute adequately guards against arbitrary and discriminatory enforcement. State v. Dunn, 233 Kan. 411, 418 , 662 P.2d 1286 (1983).””

   1 later decision quote this exact passage · from the majority
   e.g. 12 Kan. App. 2d 375 - City of Overland Park v. Denning

2. ““In determining whether a statute is void for vagueness two inquiries are appropriate: (1) whether a statute gives fair warning to those persons potentially subject to it, and (2) whether the statute adequately guards against arbitrary and discriminatory enforcement.” Syl. ¶ 3. “A statute which is overbroad is one which makes conduct punishable which under some circumstances is constitutionally protected from criminal sanctions. A statute which is facially overbroad may be authoritatively construed and restricted to cover only conduct which is not constitutionally protected and, as construed, the statute will thereafter be immune from attack on grounds of overbreadth.” Syl. f 4.”

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

3. ““Whether or not criminal intent or knowledge is an element of a statutory crime depends on the will of the legislature. Legislative intent is a matter of statutory construction, to be determined in a given case from consideration of the language of the statute in connection with the subject matter of the prohibition, the statute’s manifest purpose and design, and fhe consequences of the several constructions to which the statute may be susceptible. The omission of the word ‘knowingly’ from the statute defining fhe crime is not conclusive as to whether or not guilty knowledge is an essential element of the crime.””

   1 later decision quote this exact passage · from the majority
   e.g. 20 Kan. App. 2d 563 - State v. Swafford