State v. Baker’s Empirical Analysis

Citation profile

8 district · 69 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 81 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The concept that a defendant and his counsel must be present when persons receiving summonses for juiy duty are requesting to be excused, but prior to when the trial has commenced, is not even feasible. More often than not, one panel serves many cases in different divisions. Often it is uncertain at this stage which cases will actually be tried during their service. Many courts have primary cases set with various back-up cases listed. It would be impossible to bring all defendants and their counsel together to be present when the decision is to be made on a panel member’s request to be excused from jury service. Also, such requests are not determined in a group, but on an individual basis. Such request will probably be in the form of a telephone call or note. No authority has been cited for the proposition that this is a stage of the proceeding requiring defendant’s attendance in person and by counsel. “We note also that K.S.A. 22-3405(1) provides: ‘The defendant in a felony case shall be present at the arraignment, at every stage of the trial including the impaneling of the jury . . . .’ Assembling the jury panel is not the ‘impaneling of the jury.’ As used in this statute, ‘impaneling of the jury’ means jury selection. A criminal defendant’s statutory and constitutional rights to be present in person and'by counsel at trial do not extend to the determination of excuses from jury service sought by individuals who have received summons for jury duty but have not reported for”

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

2. “‘[T]he state is not required in the first instance to introduce evidence to prove sanity, for the law presumes that all persons are sane, and this presumption of sanity takes the place of evidence in the first instance. It answers for evidence of sanity on the part of the state. But if evidence is introduced which tends to shake this presumption, the jury must then consider the same, and its effect upon the main issue of guilty or not guilty, and if upon considering the whole of the evidence introduced on the trial, together with the presumption of sanity, the presumption of innocence, and all other legal presumptions applicable to the case under the evidence, there should be a reasonable doubt as to whether the defendant is sane or insane, he must be acquitted. . . . [The defendant] is required only to raise a reasonable doubt as to his guilt. The burden of proof is always upon the state, and never shifts from the state to the defendant.’ ” ’ [Citations omitted.]” Baker, 249 Kan. at 450-51 .”

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

3. ““Improper remarks made in closing argument are grounds for reversal only when they are so gross and flagrant as to prejudice the jury against the defendant and deny him a fair trial. [Citation omitted.] The prosecutor is entitled to considerable latitude in arguing the case to a jury. There is no prejudicial error where the questionable statements of a prosecuting attorney are provoked and made in response to previous arguments or statements of defense counsel. [Citation omitted.] Since Kansas does not follow the ‘plain error’ rule used in federal courts, reversible error cannot be predicated upon a complaint of misconduct of counsel during closing argument where no contemporaneous objection is lodged. [Citation omitted.] Remarks made by the prosecutor in closing argument are harmless error if the court finds that the error had little likelihood of changing the result of the trial.” State v. Baker, 249 Kan. 431, 446 , 819 P.2d 1173 (1991).”

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