25 Kan. App. 2d 407 - State v. Taylor’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(a) Criminal discharge of a firearm at an unoccupied dwelling is the malicious, intentional and unauthorized discharge of any firearm at an unoccupied building. “Criminal discharge of a firearm at an unoccupied dwelling is a severity level 8, person felony. “(b) Except as provided in K.S.A. 21-3411, and amendments thereto, criminal discharge of a firearm at an occupied building or occupied vehicle is the malicious, intentional and unauthorized discharge of a firearm at a dwelling, building, structure, motor vehicle, aircraft, watercraft, train, locomotive, railroad car, caboose, rail-mounted work equipment or rolling stock or other means of conveyance of persons or property in which there is a human being. “Criminal discharge of a firearm at an occupied building or occupied vehicle is a severity level 7, person felony. “Criminal discharge of a firearm at an occupied building or occupied vehicle which results in bodily harm to a person during the commission thereof is a severity level 5, person felony. “Criminal discharge of a firearm at an occupied building or occupied vehicle which results in great bodily harm to a person during the commission thereof is a severity level 3, person felony.””

   1 later decision quote this exact passage
   e.g. State v. Gomez

2. ““the situation when aggravated assault and aggravated battery fail[] to cover the act. Malicious and willful shooting at an occupied building or vehicle, but where the individual is not placed in immediate apprehension of bodily harm, is a class D felony. This is the same class of felony as aggravated assault and will cover the situation where aggravated assault would fail. The willful and malicious shooting at an occupied building or vehicle which results in bodily injury is a class C felony. This is the same class felony as aggravated batteiy and will cover those situations where the requisite intent to injure, required for battery, cannot be shown.” Report of Subcommittee, House Judiciary Committee on Drive-by Shooting (H.B. 2709), February 25, 1992.”

   1 later decision quote this exact passage
   e.g. State v. Farmer

3. ““[Gomez’] reliance on multiplicity is misplaced. He was not charged with crimes under more than one statute arising from a single transaction. He was charged with one crime, criminal discharge of a firearm at an occupied vehicle, in multiple counts, because two separate people occupied the same vehicle. Different counts were specifically warranted in the instant case where the offense involving [Kutilek] resulted in bodily harm. [Gomez] cannot escape responsibility for his actions simply by arguing more than one individual was placed in danger as the result of the same criminal conduct.””

   1 later decision quote this exact passage
   e.g. State v. Gomez