25 Kan. App. 2d 254 - State v. Stuber’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We conclude that permitting the seller of speculative securities to fail to disclose his or her convictions for crimes involving dishonesty could not possibly comport with the intent of the Kansas Securities Act. We believe that in order to carry out the stated purpose of the Kansas Securities Act, a seller of securities must disclose his or her criminal history to prospective buyers of the security. In die sale and purchase of securities, die honesty and integrity of die seller is of utmost importance. While having a criminal record may not necessarily mean the seller is dishonest and untrustworthy, it is certainly material in giving the buyer sufficient information to make a judgment on die facts he or she is told by die seller. We hold diat a seller of securities commits an unlawful act in connection with diat sale, under K.S.A. 1997 Supp. 17-1253(a)(2), by failing to disclose his or her criminal history to a prospective buyer, particularly when that history consists of convictions for crimes of dishonesty. A seller of securities under the Kansas Securities Act is intended to be an individual on whom the buyer may rely. This is an appearance which is made misleading by die failure of die seller to disclose his or her criminal background.” 25 Kan. App. 2d at 258 .”

   1 later decision quote this exact passage
   e.g. 27 Kan. App. 2d 160 - State v. Stuber

2. ““The statutes of Kansas contain many provisions requiring a person widi criminal convictions to disclose that information. This is not specifically required of a person selling securities. Given that die legislature obviously knows how to write in diis requirement, a court inserting it into a criminal statute is not appropriate.” 25 Kan. App. 2d at 266-67 (Pierron, J., dissenting).”

   1 later decision quote this exact passage · from the dissent
   e.g. 27 Kan. App. 2d 160 - State v. Stuber