State v. Osby’s Empirical Analysis
1990
Citation profile
31 state decisions
How this case has been cited
Cited by 31 later decisions — most recently March 2024 · most notably Nance v. State (1993), State v. Manning (2001)
31 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on State v. Hobson · State v. Coe · State v. Cathey · Kansas Department of Revenue v. Coca Cola Co. · State v. Guffey
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"For purposes of discrediting a witness, drug-use evidence is admissible to the extent it shows the witness was under the influence of drugs at the time of the occurrence as to which the witness testifies or at the time of trial. It is also admissible to the extent that it shows the witness’ mind, memory, or powers of observation were affected by the habit.” State v. Osby, 246 Kan. 621 , Syl. ¶ 2, 793 P.2d 243 (1990).”
3 later decisions quote this exact passage · from the majority““When the State attempted to refresh their recollections regarding the events, they still could not remember what had happened. Thus, Taylor and Issac’s testimony in this case was contradictory to their prior testimony; therefore, the prior testimony was admissible as a matter of judicial discretion pursuant to K.S.A. 60-422(b). “The prior testimony of Taylor and Isaac was [also] admissible under K.S.A. 1989 Supp. 60-460(a). The facts of the instant case dictate the application of our ruling in Hobson rather than Lomax & Williams. Isaac testified Osby was at the house on Vassar Street on the critical date. Taylor also testified Osby was there. At Osby’s trial, their memories were selective. They did not ‘refuse to testify’ as did the witness Bagby in Lomax & Williams. Bagby had stated she was not going to testify because she could not remember anything that had occurred. When on the stand, her response to all questions as to what had occurred on the critical day was that she did not remember. [Citation omitted.] “Issac and Taylor were available for cross-examination within the purview of K.S.A. 1989 Supp. 60-460(a).” (Emphasis added.) 246 Kan. at 631-33 .”
1 later decision quote this exact passage · from the majoritye.g. State v. Manning
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.