State v. Higgins’s Empirical Analysis

Citation profile

38 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In the present case, it is apparent that both the State and the trial court were aware that, ordinarily, no comment could be made regarding a defendant’s post-arrest silence. Nor was there any necessity for the full exploration of the nature of the defendant’s silence after his arrest and the State’s comments during its closing argument. The sole motivation for the State’s comments was the exploitation of the opportunity to utilize defendant’s exercise of his Fifth Amendment Miranda rights against him. The present case does not involve a defendant who has invited or misled the court into error or who acquiesced in errors of the trial court. Nor did the defendant indulge in any improper or erroneous activities which required the State, in order to achieve a fair trial, to respond in kind. The cross-examination by counsel for the defendant was not an invitation to the State to violate defendant’s right to due process. Rather, the State seized upon the opportunity to present evidence and arguments during closing which clearly violated the defendant’s constitutional rights and were improper.” 243 Kan. at 51-52 .”

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

2. ““K.S.A. 1983 Supp. 21-3107 provides statutory authority where criminal conduct of a defendant, although consisting of a single transaction, may result in a multiple violation of the criminal code, for which the defendant may be severally prosecuted. [Citation omitted.] The prosecution may not split a single offense into separate parts where there is a single wrongful act which does not furnish the basis for more than one criminal prosecution. The test concerning whether a single transaction may constitute two separate and distinct offenses is whether the same evidence is required to sustain each charge. If not, the fact that both charges relate to and grow out of the same transaction does not create,.a single offense where two distinct offenses are defined by statute. [Citation omitted.] The same test is used in determining whether offenses charged in a complaint or information constitute lesser included offenses and are multiplicitous under 21-3107 . . . .””

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

3. ““Neither crime is necessarily proved,if the other crime is proved, since each crime contains unique elements not contained within the other crime. Aggravated battery requires the presence of an intent to injure the victim and requires the infliction of great bodily harm upon the victim. Aggravated robbery does not, requiring only the infliction of bodily harm. On the other hand, aggravated robbery requires the taking of property from another. Aggravated battery, of course, does not. The fact that the one application of force supplies the element of bodily harm for both offenses does not prevent the prosecution for both offenses. State v. Chears, 231 Kan. 161 , 643 P.2d 154 (1982).” 243 Kan. at 55.”

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