State v. Colbert’s Empirical Analysis

Citation profile

2 district · 44 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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'an instrument which, from the manner in which it is used, is calculated or likely to produce death or serious bodily injury'”

   4 later decisions quote this exact passage · from the majority
   e.g. 55 Kan. App. 2d 511 - State v. Carter · State v. Charles

2. ““Whether or not a robber is ‘armed with a dangerous weapon’ for aggravated robbery (K.S.A. 21-3427) purposes is determined from the victim’s point of view. An object can be a dangerous weapon if intended by the user to convince the victim that it is a dangerous weapon and the victim reasonably believes it is a dangerous weapon. Hence, an unloaded gun or a gun with a defective firing mechanism may be a dangerous weapon within the purview of the aggravated robbery statute.””

   3 later decisions quote this exact passage · from the majority
   e.g. 16 Kan. App. 2d 605 - State v. Childers · State v. Sutherland

3. ““The trial court has an affirmative duty to instruct on all lesser included offenses supported by the evidence. [Citations omitted.] Evidence supporting such an instruction must be considered in the light most favorable to the defendant. [Citation omitted.] The evidence need not be strong evidence — indeed, it may be weak and based only on the testimony of the defendant. [Citations omitted.] The test is whether the evidence might reasonably cause a jury to convict the defendant of the lesser charge. [Citation omitted.]” State v. Colbert, 244 Kan. 422, 427-28 , 769 P.2d 1168 (1989).”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Wagner · State v. Hall