State v. Nunn’s Empirical Analysis

Citation profile

41 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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““While it would simplify matters for all courts and litigants if we were to adopt a bright-line rule that counsel be appointed for all post-trial motions, such a rule would not appear to be feasible or justified. Obviously, counsel should be appointed in cases where the motion raises substantial questions of law or triable issues of fact requiring an evidentiary hearing, legal arguments, and/or briefs of the parties. It appears just as obvious that if the motion, whether or not it is the defendant’s first based upon newly discovered evidence, fails to state any substantial issues of law or fact, or states sufficient facts to allow a determination based upon the motion itself, then appointment of counsel and the holding of a hearing would be unwarranted. We adhere to our prior rulings that the determination of whether to appoint counsel and hold a hearing on post-trial motions not filed ‘within 10 days after the verdict or finding of guilty, or within such further time as the court may fix during the 10-day period,’ is one best left to the sound discretion of the trial court considering all the circumstances of the particular case. If the trial court correctly determines from the pleadings and record that the motion raises no substantial questions of law or fact, then the refusal to appoint counsel and hold a hearing does not constitute an abuse of discretion.” 247 Kan. at 584-85 .”

   4 later decisions quote this exact passage · from the majority
   e.g. Makthepharak v. State · State v. Conley

2. ““(a) The defendant’s history of prior criminal activity; “(b) The extent of the harm caused by the defendant’s criminal conduct; “(c) Whether the defendant intended that his criminal conduct would cause or threaten serious harm; “(d) The degree of the defendant’s provocation; “(e) Whether there were substantial grounds tending to excuse or justify the defendant’s criminal conduct, though failing to establish a defense; “(f) Whether the victim of the defendant’s criminal conduct induced or facilitated its commission; “(g) Whether the defendant has compensated or will compensate the victim of his criminal conduct for the damage or injury that he sustained.””

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