State v. Ruebke’s Empirical Analysis

Citation profile

2 federal appellate · 2 district · 150 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 154 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Media publicity alone has never established prejudice per se. The trial court had no difficulty in finding from the jury panel jurors who stated that they could render a fair and impartial verdict. The small number of jurors dismissed by the court for cause and the effort of the judge to press no one into jury service who showed the slightest hint of prejudice established that there was no abuse of discretion in denying a change of venue. Unless we are to assume that (1) the jurors selected to try the defendant violated their oath when they swore that they could give the defendant a fair trial or (2) an individual can commit a crime so heinous that news coverage generated by that act will not allow the perpetrator to be brought to trial, the defendant has not established substantial prejudice. There was no abuse of discretion on the part of the court in denying the defendant’s motion for change of venue.””

   10 later decisions quote this exact passage · from the majority
   e.g. State v. Goss · State v. Butler

2. “"Jurors may be recalled for post-trial hearings only by order of the court after a hearing on a request to recall the jury. A recall of the jury is not a routine matter. Jury service is a public duty of citizens and recall of jurors after their service has ended to testify as to events occurring in the jury room during deliberations is a serious step. That step is to be undertaken only for just cause. The procedure should never be utilized as a fishing trip upon a losing party's hope that jury misconduct might surface if the jurors could be questioned under oath. The burden is upon the party seeking an order to recall the jurors to show the necessity for the order. [Citation omitted.]"”

   6 later decisions quote this exact passage · from the majority
   e.g. State v. Smith-Parker · State v. Cook

3. ““ ‘the defendant at that time was represented by an attorney who availed himself of the opportunity to cross-examine the witness!,] . . . [t]he right of the accused to be confronted by his accusers was honored. The witness’ prior testimony bore sufficient indicia of reliability and afforded the trier of fact a satisfactory basis for evaluating the truth of the prior statement.’ ” Ruebke, 240 Kan. at 518 (quoting State v. Mick, 229 Kan. 157, 161 , 621 P.2d 1006 [1981]).”

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