State v. Hill’s Empirical Analysis

Citation profile

2 district · 36 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. ““When defendant’s guilty plea was accepted, the judge was informed of the State’s recommendation of two consecutive life sentences with all other sentences running concurrently thereto. Although the State did not specifically state its recommendation on the record at the sentencing hearing, the prosecutor .did refer the court to the recommendation stated in the PSI. Comments at sentencing establish that the trial court relied upon the PSI throughout and was aware of the State’s recommendations. In fact, just prior to imposing sentence, the court acknowledged that it was aware of the State’s recommendation but chose instead to exercise its independent judgment by imposing three life sentences. Although the additional comments by the prosecutor were questionable in fight of the plea agreement, the prosecutor urged the court to review the materials in the PSI. These materials make clear that tire surviving victim and families of both victims accepted the recommended controlling sentence of two life terms to be served consecutively. “At the hearing on the motion to modify sentence, the State did not actively restate the recommendation of two consecutive life sentences but, instead, made no statement and merely asked the court to rule upon the motion. In denying the motion, the court stated its knowledge that the plea negotiations resulted in a recommendation of two consecutive life sentences. The court followed its previous decision that three consecutive fife sentences should be”

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

2. ““ ‘[Tjhose investigations were conducted in a thorough and competent, complete manner, of setting out the recommendations as entered into at the time of the plea bargain between the prosecution, the State. “ ‘Further, Your Honor, I would like to state that the victim impact statement of that report made it very clear that the victims’ positional are that no amount of time in this case is going to be enough time for the damage and for the crimes that have been committed against the State of Kansas, against the family of [D.B.], against [D.B.], and against [V.F.j. But that the Court is in a position, having reviewed this material, having heard the statements of fact which support the pleas of guilty and the convictions in this case, to at this time render a proper and appropriate sentence.’ ””

   1 later decision quote this exact passage · from the majority
   e.g. 39 Kan. App. 2d 380 - State v. Foster

3. ““In determining whether a defendant should be allowed to withdraw his plea, the trial court should consider whether the defendant was represented throughout by competent counsel; whether he was misled, coerced, mistreated, or unfairly taken advantage of; and whether his plea was freely, fairly, and understandingly made. [Citation omitted.]” .”

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