State v. Stallings’s Empirical Analysis

Citation profile

40 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In comparison, the juror in the present case did not express his religious concerns during voir dire, although counsel specifically addressed the issue. Furthermore, the juror indicated to the trial judge that he was the deciding vote in jury deliberations. However, the juror also stated that he could not make a judgment because of his religious beliefs. Altogether, the juror’s statements indicate he may have sought his dismissal from the jury panel because of his belief in Stallings’ innocence. Nevertheless, the note and personal statements reveal a concern due to religious convictions. “In State v. Miller, 11 Kan. App. 2d 410 , 722 P.2d 1131 , rev. denied 240 Kan. 805 (1986), a juror notified the court at the end of the first trial day that she had not heard some testimony. The appellate court found that a juror’s specific factual statement about her ability to hear should control over a judge’s opinion regarding her ability to hear. The court concluded the juror should have been discharged for cause and a mistrial declared and found the refusal to sustain a motion for mistrial an abuse of discretion. 11 Kan. App. 2d at 411-13 . “Miller is distinguishable from the present case in that it involved a juror’s physical handicap which prevented her from evaluating the testimony. In this case, the juror was impaired by his religious convictions. The Miller court dealt with the trial court’s failure to dismiss a juror and should not stand for the proposition that a mistrial must ”

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

2. ““A trial court has an affirmative duty to instruct the jury on all lesser included offenses established by the evidence. An instruction on a lesser included offense must be given even though the evidence supporting the lesser offense may not be strong or extensive. However, the instruction need not be given if there is no evidence by which a rational factfinder might find the defendant guilty beyond a reasonable doubt of the lesser included offense.” State v. Stallings, 246 Kan. 642 , Syl. ¶ 3, 792 P.2d 1013 (1990).”

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