State v. Sutherland’s Empirical Analysis

Citation profile

103 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 103 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A fundamental rule of statutory construction is that a statute operates prospectively unless its language clearly indicates that the legislature intended it to operate retroactively.” Syl. ¶ 4. “An exception to the fundamental rule set forth in Syl. ¶ 4 is that, if the statutory change does not affect the substantive rights of the parties and is merely procedural or remedial in nature and is not prejudicial to the parties, it applies retroactively.” Syl. ¶ 5. “Because K.S.A. 1989 Supp. 21-4603(3) affects the length of the sentence to be imposed, it is substantive in nature and must be applied prospectively.” Syl. ¶ 6.”

   3 later decisions quote this exact passage · from the majority
   e.g. 24 Kan. App. 2d 759 - State v. Billington · 15 Kan. App. 2d 643 - State v. Chapman

2. ““In cases where the crime charged may include some lesser crime, it is the duty of the trial court to instruct the jury, not only as to the crime charged but as to all lesser crimes of which the accused might be found guilty under the information or indictment and upon the evidence- adduced. If the defendant objects to the giving of the instructions, the defendant shall be considered to have waived objection to any error in the failure to give them, and the failure shall not be a basis for reversal of the case on appeal.” (Emphasis added.)”

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

3. “'a firearm is a deadly weapon as a matter of law.' " 244 Kan. at 427 , 769 P.2d 1168 . The Sutherland court explained: "There, the instruction expressly directed the jury that a gun was a deadly weapon. Here, the jury was instructed that an element of the crime the jury had to find was that [the defendant or an accomplice] 'was armed with a deadly weapon, to-wit: a knife.' This instruction places the burden on the State to prove the knife is a deadly weapon and does not instruct the jury that it is a deadly weapon.”

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