State v. Thomas’s Empirical Analysis

Citation profile

4 federal appellate · 2 district · 68 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 74 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A principal in a crime must be actually or constructively present, aiding and abetting the commission of the offense. It is not necessary that one do some act at the time in order to constitute him a principal, but he must encourage its commission by acts or gestures, either before or at the time of the commission of the offense, with full knowledge of the intent of the persons who commit the offense. He must do some act that is in furtherance of the offense. “An aider or abettor is one who advises, counsels, procures, or encourages another to commit a crime. A person is an aider and abettor if he or she actively assists in planning and preparing for the perpetration of a crime and assumes a station with the knowledge of the perpetrators where he or she may be able to assist either in the commission of the crime or in the escape immediately following the perpetration of the crime. An aider and abettor need not know that the activity constitutes a crime. It is enough that he or. she knows facts that are essential to constitute the activity as a crime. See generally State v. Schriner, 215 Kan. 86 , 523 P.2d 703 (1974).” 239 Kan. at 461.”

   5 later decisions quote this exact passage · from the majority
   e.g. State v. Carr · State v. Pattillo

2. ““An ‘illegal sentence’ is either a sentence imposed by a court without jurisdiction; a sentence which does not conform to the statutory provisions, either in the character or the term of the punishment authorized; or a sentence which is ambiguous with respect to the time and manner in which it is to be served.” State v. Thomas, 239 Kan. 457, 460 , 720 P.2d 1059 (1986).”

   4 later decisions quote this exact passage · from the majority
   e.g. 20 Kan. App. 2d 790 - State v. Rhoads · 20 Kan. App. 2d 576 - State v. Bowen

3. ““A person is criminally responsible for a crime if the person, either before or during its commission, and with the mental culpability required to commit the crime intentionally aids another to commit tire crime. All participants in a crime are equally responsible without regard to the extent of their participation. Mere association with the principles who actually commit the crime or mere presence in the vicinity of the crime is insufficient to establish guilt as an aider and abettor.””

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