State v. McGinnes’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““All right. Let me just make a couple of comments. And, that is, you have heard the testimony of each of the witnesses. You have heard the Court’s instructions as to the law which applies to this case, and you have those instructions with you in the jury room, and they are in writing. And you have been given the exhibits which have been offered and received in evidence. “So I would ask you to focus your minds on the testimony that you have heard. I would ask you to re-read the instructions that I have given you, and I would ask you to look at the exhibits that have been admitted into evidence. “And if you will concentrate on these things and on what has been presented and not allow yourselves to be diverted or not try to speculate on things that have not been presented, I think it will be helpful to you in arriving at a decision. “So at this point, we’ll let you go back into the jury room and continue your deliberations. And as soon as your lunch orders are received, that will be brought in to you, and you can go ahead with your discussions and so on while you’re having lunch. “And, again, if you have any questions, feel free to write those down, and they will be given to me. I will review them with the attorneys, and we’ll try to get the appropriate answers for you. So thank you very much. You may now return to the jury room.””

   1 later decision quote this exact passage
   e.g. State v. McGinnes

2. ““We believe no actual prejudice has been shown. It is of importance in the factual situation here that the nonappearance of Whinery was apparently not an issue of significance. McGinnes does not claim, and the record does not reflect, that Whinery’s testimony, or lack thereof, was of concern to the defense. Had the defense wanted Whinery present for the trial, he would have been subject to compulsory process. Also, the defense did not argue at trial to the jury or to the court that Whinery’s not testifying was in any way significant.” 24 Kan. App. 2d at 928 .”

   1 later decision quote this exact passage
   e.g. State v. McGinnes

3. ““After a hearing on the matter, the district court denied McGinnes’ motion for a new trial. The court found defense counsel was informed immediately of the ex parte communication but no objection was made and defendant made no effort to voir dire the jury. Additionally, the court could not find anything prejudicial or objectionable in the trial court’s supplemental instruction, and even after the instruction, defense counsel again made no effort to voir dire the jury to see if a problem existed.” 24 Kan. App. 2d at 925 .”

   1 later decision quote this exact passage
   e.g. State v. McGinnes