State v. Hunter’s Empirical Analysis

Citation profile

2 district · 139 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 141 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(1) A person is not guilty of a crime other than murder or voluntary manslaughter by reason of conduct which he performs under the compulsion or threat of the imminent infliction of death or great bodily harm, if he reasonably believes that death or great bodily harm will be inflicted upon him or upon his spouse, parent, child, brother or sister if he does not perform such conduct. “(2) The defense provided by this section is not available to one who willfully or wantonly places himself in a situation in which it is probable that he will be subjected to compulsion or threat.””

   4 later decisions quote this exact passage · from the majority
   e.g. State v. Scott · State v. Dupree

2. ““In a criminal action, a trial court must instruct the jury on the law applicable to the theories of all parties where there is supporting evidence. . . . When considering the refusal of a trial court to give a specific instruction, the evidence must be viewed by the appellate court in the light most favorable to the party requesting the instruction.” 241 Kan. at 644 . “[A] defendant is entitled to an instruction on his or her theory of the case even though the evidence is slight and supported only by defendant’s own testimony.” 241 Kan. at 646 .”

   4 later decisions quote this exact passage · from the majority
   e.g. Warren v. State · State v. Burgess

3. ““In order to constitute the defense of compulsion, the coercion or duress must be present, imminent, and impending, and of such a nature as to induce a well-grounded apprehension of death or serious bodily injury if the act is not done. The doctrine of coercion or duress cannot be invoked as an excuse by one who had a reasonable opportunity to avoid doing the act without undue exposure to death or serious bodily harm. State v. Milum, 213 Kan. 581, 582 , 516 P.2d 984 (1973). In addition, the compulsion must be continuous and there must be no reasonable opportunity to escape the compulsion without committing the crime. State v, Myers, 233 Kan. 611 , 664 P.2d 834 (1983).” State v. Hunter, 241 Kan. 629 , Syl. ¶ 10, 740 P.2d 559 (1987).”

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